Another important law that protects consumers from misleading advertising and deceptive practices is the Federal Food, Drug, and Cosmetic Act (“FFDCA”), which is enforced by the U.S. Food and Drug Administration (“FDA”). The FFDCA dictates the type of information that must be disclosed in drug advertising and food labels. False advertising usually refers to price, quality or purpose. The seller may give you incorrect information about the product or service you are purchasing. Bait and switch are a common form of false advertising. The seller advertises a specific product or service at a certain price. But when you arrive at the store, the salesperson tries to sell you another product or service at a higher price. In addition, if consumers can prove their allegations of false advertising, the courts can issue a court order to prevent the company from continuing the false advertising campaign. Fake advertising, like other types of scams, comes in many shapes and sizes. At Glancy Prongay & Murray, we represent individuals who have been harmed by a variety of misrepresentations, including: Class actions are an effective option for people who have been harmed by fake ads and don`t want to do it alone. They allow a number of people to collectively sue fake advertisers in a single lawsuit. Unfortunately, not all companies follow the rules in their marketing and advertising practices.
Some businesses choose to use false or misleading advertising to get more people interested in what they are selling. Federal law prohibits the use of misleading or intentionally misleading advertising. All claims made about a product must be supported by factual evidence. If you are harmed by false advertising, you will be asked to report the incident to the Federal Trade Commission for investigation. You also have the right to seek financial compensation through a class action. Contact Kantrowitz, Goldhamer & Graifman to speak to a lawyer who specializes in false advertising for free and fully explore your legal rights. For consumer products widely available in the United States, the large number of victims can lead to a class action lawsuit that potentially represents thousands or millions of consumers. A class action lawsuit of this magnitude could potentially have billions of dollars at stake. The company responsible for the product may be ordered to compensate consumers for their financial losses and to cover the cost of harm caused by their misleading marketing. There are also a number of federal laws that restrict advertising when it comes to certain types of products or services. The Food, Drugs and Cosmetics Act, for example, requires sellers of pharmaceutical and nutritional products to provide certain information about the contents of the products and the possible side effects of ingestion.
The law is enforced by the Food and Drug Administration. The term “misleading advertising” means any promotion or advertising that distorts the nature, quality, characteristics or origin of commercial activities, goods and/or services. A company that knowingly publishes an advertisement containing misleading, misleading or deceptive statements for the purpose of selling its product may be liable for infringements caused by false advertising. California`s Consumers Legal Remedies Act is one of the strictest of these laws. It prohibits various deceptive marketing practices, including misleading advertising. It forces companies that break the law to foot the bill for any legal fees people incur to enforce their rights. Courts can order fake advertisers to pay damages for damages suffered by consumers, remove ads, post notices correcting incorrect or misleading information, and order them to refrain from future false ads. Victims of misleading and deceptive advertising can file a false advertising complaint against the responsible company in civil court. As mentioned earlier, almost all states now have a law that protects consumers from unfair commercial practices and misleading advertising. Most states that have enacted counterfeit advertising laws have modeled it on the FTCA.
These state laws allow consumers harmed by misleading advertisements to sue the companies responsible for the advertisement in question. Some states even provide for criminal penalties if fraud is part of the equation.