FALSE ADVERTISING UNDER UNFAIR COMPETITION ACTIONS

False advertising occurs when a defendant misrepresents the nature and the characteristic of goods to consumers. The use of false and misleading statements to mislead consumers is actionable; however, consumers are not permitted to directly bring actions even though they are the focus of this law. Most of false advertisement actions are brought by the Federal Trade Commission (FTC) against advertisers and after consumer have filed complaints before the FTC. Yet, false advertisement under unfair competition laws can be actionable by those businesses that have suffered an injury caused by other business’ false advertisement.

The following questions have been addressed in this article:

What is the legal base and elements of a claim for false advertisement under unfair competition laws?
What about puffery and can it defeat a claim of false advertising under unfair competition?
How can advertisers avoid a claim for false advertising under unfair competition laws?

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