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How can a claim of false advertising be proven?

Businesses in California use advertising to tell consumers about their goods, and buyers rely on those statements when purchasing the item. False or misleading advertising is illegal because it is important to protect consumers, and ensure that they can rely on the information given to them in advertisements.

Under state and federal laws, advertising must be truthful and where appropriate, backed by scientific evidence. Truth-in-advertising laws are applicable regardless of where the advertisement appears. The Federal Trade Commission looks extra closely at items that would affect consumer's health or finances. Therefore, claims about food, dietary supplements, tobacco and alcohol are monitored closely.

It is also possible to bring a claim against someone for consumer fraud. To do this, the plaintiff must prove that the person made misleading or false statements about their own products or someone else's, that there was actual deception, or there was a tendency to deceive a significant portion of the intended audience, purchasing is dependent on the deception, interstate lines will be crossed with the advertised goods and the person filing the suit is likely to suffer an injury, but not actual injury.

There are strict laws in place to ensure consumers are protected against fraudulent practices, and to discourage businesses from engaging in deceitful practices. California residents who have fallen prey to misleading advertisements may want to discuss their legal options with an experienced attorney. Consumers may be able to recover the money they spent on bad products or services, and in some cases, collect other damages as well.

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  • Law Offices of Todd M. Friedman, P.C.
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