False Or Misleading Advertising Law
Misleading advertising is any published claim that gives a consumer an incorrect understanding of the product they are interested in purchasing or using.
False or misleading advertising law. Deceptive advertising also known as false advertising refers to a manufacturers use of confusing misleading or blatantly untrue statements when promoting a product. No publisher radio broadcast licensee or agency or medium for the dissemination of advertising except the manufacturer packer distributor or seller of the commodity to which the false advertisement relates shall be liable under this section by reason of the dissemination by him. The ftc also enforces false advertising laws on behalf of consumers. The advertising frequently does not disclose its source.
One form of false advertising is to claim that a product has a health benefit or contains vitamins or minerals that it in fact does not. The trademark law revision act of 1988 which added several amendments to the lanham act left creation of the line between sufficient and insufficient disclosure to the discretion of the courts. The false and misleading advertising by companies of any product may result in the consumer suffering a financial loss or another form of damage to the consumer. Creating a false or misleading impression businesses are not allowed to make statements that are incorrect or likely to create a false impression.
The federal trade commission enforces these truth in advertising laws. California for example prohibits dissemination of information about products or services that is untrue or misleading with both civil and criminal enforcement. In the united states there are state and federal false advertising laws that prohibit various types of deceptive advertising misleading labeling and similar practices. As a legal term false advertising refers to any published claim or advertising material that gives consumers an incorrect understanding or belief about a product or service being offered.
When consumers see or hear an advertisement whether its on the internet radio or television or anywhere else federal law says that ad must be truthful not misleading and when appropriate backed by scientific evidence. Therefore false advertising can come from both misstatements and partially correct statements that are misleading because they do not disclose something the consumer should know. States have their own laws regulating false advertising and other deceptive trade practices. False advertising laws provide important rights for consumers arming them with the ability to seek monetary damages when theyve been misled.
This rule applies to their advertising their product packaging and any information provided to you by their staff or online shopping services.