What are the differences between deceptive and misleading advertising?

Deceptive and misleading advertising both refer to advertising that can be considered false or misleading. The difference lies in the intent of the advertiser. Deceptive advertising is when the advertiser knows that the information they are sharing through their ad is false or misleading, and intends for the consumer to be deceived by it. Misleading advertising is when the advertiser provides false or misleading information, but without the intent to deceive the consumer. In Texas, it is illegal for an advertiser to engage in deceptive or misleading advertising practices. The Texas Deceptive Trade Practices Act (DTPA) is the law that regulates deceptive and misleading advertising throughout the state. It prohibits representations that are false or deceptive, and establishes specific standards for advertising. Under the DTPA, advertisers are prohibited from making false or misleading statements about the quality, performance, or characteristics of their product or service. They are also not allowed to make false or misleading statements regarding endorsement, approval, or certification of a product or service. Advertisers also must be careful to exclude any false or misleading facts, opinions, or implications when advertising. Advertisers should also avoid making exaggerated claims or unsubstantiated statements about their product or service. If an advertiser has made an error in their advertising, they must quickly correct it and take steps to prevent similar errors in the future. Failing to do so could result in costly legal action.

What are the differences between deceptive and misleading advertising?

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