November 20th, 2009
False, deceptive, or misleading advertising can harm a business. Laws and regulations have been enacted to punish those who use false, deceptive, or misleading information to entice consumers to buy a particular product or service. Both state laws and federal laws, namely the Lanham Act, create liability for those who profit from false advertising. The Federal Trade Commission (FTC) has regulations that prohibit unfair and deceptive commercial acts. Businesses must understand the laws and regulations in order to avoid both legal and financial exposure. On the other hand, should a business be harmed by the false, deceptive, or misleading advertising of another, it is critical to understand what options exist to redress such harm.
Traverse Legal’s false advertising lawyers understand false advertising laws and have experience in false advertising litigation. We can help you if you are being harmed by false advertising or if you have been alleged to be falsely advertising. Contact one of our false advertising lawyers today to discuss or call us toll free at 866.936.7447.
November 27th, 2009
An advertisement statement can be non-actionable puffery. Non-actionable puffery comes in at least two possible forms. First, puffery is an exaggerated, blustering, and boasting statement upon which no reasonable buyer would be justified in relying. Second, puffery is a general claim of superiority over comparable products that is so vague, highly subjective or meaninglessly general that it can be understood as nothing more than mere expression of opinion. Continue reading Are There Any Exceptions to False Advertising? »
November 25th, 2009
Whether a misrepresentation is material has nothing to do with the nature of the relief sought or defendant’s intent; rather, materiality focuses on whether the false or misleading statement is likely to make a difference to purchasers. Even when a statement is literally false or has been made with the intent to deceive, plaintiffs must prove, by a preponderance of evidence, materiality in order to show that the misrepresentation had some influence on consumers. Plaintiffs are not entitled to any presumption of materiality. Continue reading False Advertising – Materiality is Required »
November 23rd, 2009
Simply put, there are two ways to establish that a statement was false so as to be actionable under false advertising law. While it may seem obvious that literally false statements are actionable, liability may exist for statements that are literally true but that can be shown to mislead, confuse, or deceive the consuming public. Continue reading The Importance of Identifying and Classifying the False Statement of Fact in any False Advertising Matter »
November 21st, 2009
People often wonder what is necessary to establish a claim for false advertising. While the elements and law vary by state and between the state and federal levels depending upon various statutes, generally speaking the elements required to prove false advertising are similar. A plaintiff alleging false advertising must prove, by a preponderance of evidence, that: Continue reading What is Required to Prove False Advertising? »