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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 ...
A U.S. Federal Trade Commission official said on Wednesday that the country's leading seafood restaurant chains have been warned that the agency will crack down on false claims of locally caught ...
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 ...
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.
A newly filed lawsuit has accused Subway of “unfair and deceptive trade practices” and selling its steak-and-cheese sandwiches based on “false and misleading advertisements,” that the ...
They were barred from advertising false or misleading prices at that time. So if this new lawsuit proves they’re doing it again, it could mean bigger problems for the retail giant. Bill Oxford ...
Notably, Section 43(a) of the Lanham Act focuses on false advertising and unfair competition, providing a legal recourse for individuals and businesses. [10] This section enables legal action against those engaging in misleading advertising practices that may cause confusion about the origin of goods or services.
In 2020, a California judge approved a $6.5 million settlement in a class-action lawsuit filed against Chipotle over what was alleged to be a misleading non-GMO advertising campaign.