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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 ...
Deceptive advertising is any statement by an advertiser that is false or misleading, or that does not adequately identify itself as an advertisement. According to the United States Federal Trade Commission : "A basic truth-in-advertising principle is that it's deceptive to mislead consumers about the commercial nature of content.
For example, false advertising can be punished and misleading advertising may be prohibited. [28] Commercial advertising may be restricted in ways that other speech can't if a substantial governmental interest is advanced, and such restriction supports that interest as well as not being overly broad. [29]
For example, in 2023 the ACCC took action against airline Qantas for, among other things, advertising and allowing customers to book unavailable flights. [8] The law provides, among other things, that "A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive." [9] [8]
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.
The civil suit also cites complaints from other Subway customers on social media who have posted images of what appear to be their sandwich orders next to the company's ads.
The Federal Trade Commission Monday took a shot at popular tax filing service TurboTax for “deceptive advertising” and formally banned the company from calling any of its products or services ...
In addition, the Federal Trade Commission Act is also considered a measure that protects privacy since it allows the FTC to penalize companies that violate their own policies by false advertising and other actions that can harm consumers. [6] Some of the unfair methods of competition that were targeted include deceptive advertisements and pricing.