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Most false advertising litigation involves definitions four and five listed above because they both specifically prohibit false advertising. [22] To prove a violation under the fourth definition of unfair competition, the plaintiff must show that (1) the defendant engaged in unfair, deceptive, untrue or misleading advertising and (2) the ...
The court document added that the false advertising is “financially damaging to consumers, as they are receiving a product that is materially lower in value than what is being promised”.
In Australia, punitive damages are not available for breach of contract, [5] but are possible for tort cases.. The law is less settled regarding equitable wrongs. In Harris v Digital Pulse Pty Ltd, [6] the defendant employees knowingly breached contractual and fiduciary duties to their employer by diverting business to themselves and misusing its confidential information.
Burger King, for example, said about a similar lawsuit that “reasonable consumers viewing food advertising know” that food in ads “has been styled to make it look as appetizing as possible.”
Falwell, 485 U.S. 46 (1988), the Supreme Court ruled that a parody advertisement claiming Jerry Falwell had engaged in an incestuous act with his mother in an outhouse, while false, could not allow Falwell to win damages for emotional distress because the statement was so obviously ridiculous that it was clearly not true; an allegation believed ...
A federal judge in New York has dismissed a lawsuit that accused McDonald’s and Wendy’s of misleading consumers with ads that show bigger, juicier burgers than their restaurants actually serve.
A New York man last year bought a Mexican Pizza at Taco Bell, thinking the menu item would look like the one in the advertisements he had seen, with a thick, appetizing layer of ground meat and beans.
False advertising is the act of ... $45 million in damages to consumers after a lawsuit. ... still leave a business open to charges of bait advertising if sensible ...