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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.
Reebok, one of the leaders in fitness footwear, is facing criticism by the National Advertising Division of the Council of Better Business Bureaus over exaggerating the health and performance ...
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In law, puffery is usually invoked as a defense argument: it identifies futile speech, typically of a seller, which does not give rise to legal liability. In a circular manner, legal explanations for this normative position describe the non-enforceable speech as a statement that no " reasonable person " would take seriously anyway.
Even the seemingly isolated incident of the $16 McDonald’s meal reached the desk of the White House Office of Digital Strategy, which tracked it as one of many exaggerated claims about the ...