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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 ...
Many predatory advertisers rely on the use of demonstrably false or otherwise deceitful claims to coerce consumers into market transactions. These can be incredibly hard to classify and regulate as some claims may be true at face-value, but rely on either tactical omissions of information or the contextual circumstances of the individual to draw inferences that may be false.
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 ...
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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.
Advertising increasingly invades public spaces, such as schools, which some critics argue is a form of child exploitation. [2] Advertising frequently uses psychological pressure (for example, appealing to feelings of inadequacy) on the intended consumer, which may be harmful.
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