Misleading Ads

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To establish that an advertisement is false, a plaintiff must prove five things: (1) a false statement of fact has been made about the advertiser's own or another person's goods, services, or commercial activity; (2) the statement either deceives or has the potential to deceive a substantial portion of its targeted audience; (3) the deception is also likely to affect the purchasing decisions of its audience; (4) the advertising involves goods or services in interstate commerce; and (5) the deception has either resulted in or is likely to result in injury to the plaintiff. The most heavily weighed factor is the advertisement's potential to injure a customer. The injury is usually attributed to money the consumer lost through a purchase that would not have been made had the advertisement not been misleading. False statements can be defined in two ways: those that are false on their face and those that are implicitly false.


deception (bedrog) deceptive (bedrieglijk)


Effects of the 2003 advertising/promotion ban in the United Kingdom on awareness of tobacco marketing: findings from the International Tobacco Control (ITC) Four Country Survey http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2593060/

Lanham act cases

critics aimed at drug industry for misleading ads

FDA overview: misleading claims in ads

misleading drug ads (ethics in pharmaceutical advertising)

a limit to the advertising misinformation effect on memory

the cognitive processing of misleading advertisements in young and old adults...
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