What are the differences between deceptive and misleading advertising?
Advertising law in California is designed to protect consumers from deceptive and misleading advertising. Deceptive advertising is a form of false advertising. It occurs when an advertiser makes a claim that is either not true or is likely to mislead consumers. For example, an advertiser claiming that a product has medical benefits when there is no scientific evidence to support the claim would be considered deceptive advertising. Misleading advertising is when an advertiser makes a statement in a way that is likely to be misunderstood by consumers. For example, an advert that states a product is “all natural” when it contains a small amount of artificial ingredients could be considered misleading. The advertiser is not lying, but they are not providing the whole truth either, which is likely to deceive consumers. The main difference between deceptive and misleading advertising is intent. Deceptive advertising is done with the intent to deceive and mislead, while in the case of misleading advertising, there may not be an intent to deceive. Both types of advertising are illegal and can result in fines, legal action, and other penalties for the advertiser.
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