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In order to bring a false advertising claim, it is imperative that the plaintiff demonstrate that the defendant actually made false/misleading statement to their own or another's product, that at least a tendency to deceive a large amount of the intended audience was present, and that there was a likelihood of injury to the plaintiff, among ...
The AMA defines deceptive advertising as "advertising intended to mislead consumers by falsely making claims, by failure to make full disclosure, or by both". [ 3 ] The Federal Trade Commission Act defines an act or practice as deceptive "if there is a material misrepresentation or omission of information that is likely to mislead the consumer ...
Puffery is an exaggerated claim typically found in advertising and publicity announcements, such as "the highest quality at the lowest price", or "always votes in the best interest of all the people". Such statements are unlikely to be true – but cannot be proven false and so, do not violate trade laws, especially as the consumer is expected ...
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.
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After FTC and TurboTax spar over definition of ‘free,’ agency drops the hammer on Intuit’s misleading advertising claims Marco Quiroz-Gutierrez January 23, 2024 at 1:56 PM
Many advertising aimed at children is criticized for enforcing gender stereotypes. [27] Some countries have broadcast codes that suggest that television advertisements should not contain exaggerated claims that will mislead or deceive children, abuse their trust or lack the understanding of persuasive intent in an advertisement. [28]
In some cases, reviews of films, albums, or products (e.g., a new car or television set) may be considered to be "puff pieces", due to the actual or perceived bias of the reviewer: a review of a product, film, or event that is written by a sympathetic reviewer or by an individual who has a connection to the product or event in question, either ...