What constitutes false advertising?

False advertising, also known as deceptive advertising, occurs when a company uses misleading, untrue, or unsubstantiated statements in their advertisement in an attempt to persuade consumers to purchase their product or service. In Delaware, the Delaware Deceptive Trade Practices Act regulates false advertising claims. Generally, false advertising occurs when a product or service claims to offer something that it cannot deliver. For example, making false claims about the health benefits of a product or exaggerating the potential success of using a product are considered false advertising. Additionally, companies are not allowed to misrepresent the ingredients of their product, such as labeling a product “natural” when it contains synthetic ingredients. Furthermore, advertisers are not allowed to withhold important information from consumers. If a product has side effects or other health considerations, the company must include this information in the advertisement. Additionally, companies cannot publish advertisements that are likely to confuse consumers. For example, an advertisement that is worded in a confusing way or fails to explain the full terms and conditions of a proposed deal is considered false advertising. Penalties for false advertising can be severe. Companies found guilty of false advertising in Delaware can be fined or forced to discontinue the advertisement. Depending on the severity of the case, companies can be held civilly and criminally liable, and a judge can order the company to pay restitution to victims who have suffered damages from the false advertisement.

What constitutes false advertising?

Related FAQs

Related Blog Posts