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False advertising is the act of publishing, transmitting, distributing, or otherwise publicly circulating an advertisement containing a false claim, or statement, made intentionally (or recklessly) to promote the sale of property, goods, or services. [3]
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 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.
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.
The New Jersey Supreme Court handed a victory to both the plaintiffs and advocates of truth in advertising this week when it ruled that lawsuits against the maker of dietary supplement Relacore ...
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.
Reg Wydeven is a partner with the Appleton-based law firm of McCarty Law LLP. He writes a weekly column for The Post-Crescent.