La. Admin. Code tit. 16 § III-509

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-509 - Deceptive Endorsements and Testimonials

A. Definition. For the purpose of this rule the following definition shall apply.

Endorsement or Testimonial-any message in advertising or by oral representation by the seller, his employee, or his agent, that conveys to the consumer views favorable to the product or service advertised in which the consumer may attribute to some one other than the seller. Such views may be those of an individual, group or institution.

B. It shall be an unfair and deceptive act or practice for any seller to do any of the following:

1. state or imply that a product or service is endorsed or approved by any individual, group or institution when such has product has not been so endorsed or approved;

2. imply or state that an endorsement is more extensive than it actually is when it has not been so endorsed or approved;

3. state or imply that a product or service is "recommended by many doctors" or "approved by millions of motorists" or other claims of such similar import, or claims of endorsements from specific individuals or organizations when such product or service has not been so endorsed or approved.

C. Whoever engages in these practices violates R.S. 51:1405(A), prohibiting, inter alia, unfair and deceptive acts and practices in trade and commerce.

D. If any part of this rule is ever legally declared to be invalid for any reason, the remainder of the rule shall continue in full force and effect, and to this end, this rule is declared to be severable.

La. Admin. Code tit. 16, § III-509

Adopted by the Office of the Governor, Office of Consumer Protection, (July 1975), promulgated by the Department of Justice, Consumer Protection Section, LR 21:953 (September 1995).

AUTHORITY NOTE: Promulgated in accordance with R.S. 51:1401 et seq.