Can You Sue For False Advertising? (Answered 2022)

One of the frequently asked questions is can you sue for false advertising?

If you bought something because of false advertising, you have the legal right to sue. Any false information usually leads to a large number of consumers relying on it and buying the product or service as a result. 

State and federal false advertising laws exist in the US and forbid a variety of deceptive advertising, misleading labeling, and related activities. False advertising laws give consumers crucial rights, enabling them to seek monetary compensation when they have been deceived.

Is Faux Advertising Prohibited By Law?

Yes, there are laws that forbid companies from misleading consumers with deceptive product labels or false advertisements. A lawyer can assist you in figuring out the legal requirements necessary to bring a false advertising lawsuit to your state.

Can You Sue For False Advertising?

Yes, you may bring a false advertising lawsuit. Many states have a specific false advertising law that entitles consumers to take businesses to court if they mislead them into buying their products or services or into paying more for them. You may still file a lawsuit for common-law fraud even if your state doesn’t have a law against false advertising.

Types Of False Advertising

False advertising is the practice of releasing advertisements with the purpose of boosting sales. People have the right to file a lawsuit if they were harmed by false advertising. The purpose of the lawsuit is to recoup financial losses caused by the business or company deceiving customers into purchasing its products and services. Regarding false advertising, two prevalent illegal business practices are as follows:

  • Price-related deceptive advertising: Oftentimes, businesses compare prices in the wrong ways. They also provide services that appear to be free but actually come with fees.
  • Advertising that misleads consumers about what to consume or makes false health claims: Although it’s untrue, consumers’ expectations rise as a result of their satisfaction that certain goods or services have health advantages.

False advertising also takes other forms, such as:

  • Terms manipulation. For instance, a seller can claim that a supplement is 100% organic even if it doesn’t contain the right ingredients.
  • Oversize packaging and fillers tend to increase the weight of what the consumer thinks he/she is buying
  • Inconsistent comparisons to competing products. Companies frequently compare their products to those of other businesses, which is legal if the product has the appropriate feature. In such a situation, it may be necessary to demonstrate that the product had negative qualities even though it was marketed as being “better” in order to take legal action.”

Consumers may file lawsuits or request that advertisers comply with the Federal Trade Commission (FTC) if they knowingly create false advertisements. The law permits consumers to file a lawsuit for financial losses they have incurred as a result of such an advertisement.


Examples Of False Advertising

  • Selling a product that doesn’t actually do what it’s marketed to do
  • Leaving out information that the average buyer would consider important to know
  • Misrepresenting the ingredients that make up an item or their ratios
  • Charging fees or surcharges that are hidden until the customer has been billed
  • Falsely claiming support from the scientific community or industry leaders or approval from government agencies
  • Making marketing claims based on outdated, debunked, or flawed research studies
  • Exaggerating the size of a product (or serving size of food) to make it look bigger
  • Inaccurately labeling a product “organic” without actual basis
  • Misreporting the geographic source of the product or its ingredients
  • Advertising a product for one price and actually selling it for a higher price
  • Claiming sales prices without actually marking down products
  • Advertising a warranty for a product but refusing to honor it
  • Marketing a product with a no-hassle money-back guarantee and then refusing to honor it

While exaggerated claims are common in advertising and even to be expected, illegal false statements and dubious marketing can fool even the most informed customers.

Have You Met False Advertising?

Exaggerated claims are frequently made in advertisements in an effort to stir up consumers’ emotions. That is to say, not all advertising may be deceptive or prohibited. It requires the right lawyer to determine whether the adverting relied on by consumers was false

You need to make up for your financial loss if you relied on false advertising. You might decide to hire a class action lawyer who can pursue restitution for all claimants since multiple consumers may be impacted by the same violation. He or she will advise you on whether you should present your claim to a local agency first and then file a civil lawsuit later. Your case can be assessed by the attorney, who can then decide the best course of action for pursuing recovery.

How Does False Advertising Affect People?

Victims of deceptive and false advertising may bring a civil lawsuit for false advertising against the offending business.

For widely marketed mass-market goods sold throughout the United States., the sheer number of victims can lead to a class action lawsuit, representing possibly thousands or millions of consumers. Billions of dollars could be at stake in a class action of this size. The company responsible for the product may be ordered to pay consumers for their financial losses and cover the costs of any injuries caused by their deceptive marketing.

In addition, if consumers are able to prove their false advertising claims, courts may use a legal injunction to stop the company from continuing the false advertising campaign.

False advertising cases can become challenging, particularly if the victims suffered sizable financial losses or if the product caused a person harm or even their death. You should first discuss your case with a lawyer if you’ve been the victim of deceptive marketing or false advertising.

What To Do If I Have A Claim Of False Advertising?

You should immediately contact a lawyer if you think you have a case for false advertising. To hold the at-fault company accountable, you can band together with other customers and file a class action lawsuit by following all the required procedures with the aid of a class action lawyer.

Federal False Advertising Law

  • FTC Act

Unfair or deceptive acts or practices in or affecting commerce are prohibited, according to Section 5 of the Federal Trade Commission Act. Various forms of advertising or businesses are subject to specific regulations set forth by the FTC. For instance, the FTC mandates that funeral homes provide a “general price list” whenever a customer inquires about funeral arrangements. Or the FTC’s Endorsement Guide forbids endorsers, like Instagram or YouTube stars, from sharing their opinions on a product they haven’t actually used.

  • FDA

The Federal Food, Drug, and Cosmetic Act grant the Food and Drug Administration (FDA) specific powers to regulate the labeling of pharmaceutical and dietary supplements. For instance, the FDA has specific regulations regarding what data must be included in the “nutrition facts” section of food labels and regarding the types of side effects that must be disclosed in drug advertisements.

Author: Ada Parker

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