--- title: The Law of Comparative Advertising date: 2010-02-12T15:32:10-05:00 author: Import Bot canonical_url: "https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/the-law-of-comparative-advertising" section: Blog Posts --- # The Law of Comparative Advertising February 12, 2010 The law of comparative advertising covers advertising that compares alternative brands on price or other measurable attributes and expressly or impliedly identifies the alternative brand by name, illustration, or other distinctive information. A new article in *IP Litigator*, ​“[The Law of Comparative Advertising in the United States](http://www.kelleydrye.com/news/articles_publications/0598/_res/id=sa_File1/IPLIT_010210_Villafranco.pdf),” provides an overview, including the treatment of comparative advertising claims by the Federal Trade Commission and the National Advertising Division of the Council of Better Business Bureaus, Inc., and a discussion of some of the particular proof and burden-shifting issues triggered when comparative advertising claims are challenged under the Lanham Act. The article then provides practical guidance to in-house attorneys and outside counsel on strategies for challenging comparative advertising claims made by a competitor when the client contends that the claims cannot be substantiated. **Tags:** [Advertising](https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/tags/advertising), [Federal Trade Commission](https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/tags/federal-trade-commission) - Share this entry - - - - - [ View entry pdf ](https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/pdf-snapshots/the-law-of-comparative-advertising-20251008164703.pdf) ### Search Blog ### Subscribe ### Explore Topics - [Federal Trade Commission (FTC)](https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/federal-trade-commission-ftc) ### Related Services - [Advertising and Marketing](https://www.kelleydrye.com/practices/advertising-and-marketing)