At Girard Gibbs LLP, our false advertising lawyers represent both consumers and businesses in false advertising lawsuits: Deceptive advertisements can harm consumers by inducing them to spend money on a product or service or by exposing them to the risk of injury through false claims about health or safety. Deceptive marketing can likewise harm competitors by causing a loss of business.
Identifying deceptive advertisements
The FTC, which is tasked with regulating advertising, has issued a Deception Policy Statement that says an ad is deceptive if it contains a claim – or fails to disclose important information – that:
- Is likely to mislead a "reasonable consumer" – that is, a typical person looking at the ad; and
- Is "material" – that is, important to a consumer's decision to buy or use the product. Examples of "material" claims include representations about a product's price, safety, performance, features, or effectiveness.
Many states have passed false advertising laws as well, so no single definition controls, and often it is up to a court to decide whether a particular advertisement has crossed the line.
Report a Deceptive Advertisement to our Class Action Attorneys
Speak with one of our false advertising lawyers by filling out the form to the right.