What can I legally say about a competitor’s products?

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What can I legally say about a competitor’s products?

I have a consumable product, others also make the same product but many are using harsh chemicals. If I have lab results and actual proof of these other companies using these harsh chemicals am I able to advertise it on media, papers, social media sites and on our site that they are using these chemicals? Basically call them out to make others aware that they are using these chemicals. If I can where does it state that I can do this.

Asked on October 1, 2014 under Business Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I might consult with an advertising agency in your area that knows the ropes and what you can legally say.  The truth is always a defense against defamation but there are ways to express your intent with out actually pointing the finger.  Maybe stating that your product does NOT add harsh chemicals such as x, y and z that are commonly used as additives in other brands.  Also remember that if these chemicals can be legally used with out being listed on the ingredients list you have to be careful how you present things.  Good luck.


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