What are the differences between deceptive and misleading advertising?

Advertising law in Virginia is meant to protect consumers from false and misleading advertising claims. To do this, the law seeks to distinguish between deceptive and misleading advertising. Deceptive advertising is false, misleading, and likely to affect the consumer’s decision to purchase the product or service. It includes statements that are untrue about a product or service, as well as statements that give false information about the product’s performance. Deceptive advertising also includes promotional tactics that are likely to mislead consumers, such as false promises of guaranteed results, or ads that describe nonexistent or unlikely features of a product. Misleading advertising is slightly different in that it does not necessarily contain false statements. Instead, it may be confusing or unclear in a way that could make consumers believe something that is untrue. For example, an ad may use complex language to discuss a product’s features that the average consumer cannot easily understand. Additionally, an ad may make a statement that is technically correct, but paints the product in an overly positive way that is not justified. In summary, deceptive advertising contains false or misleading statements, while misleading advertising can be confusing or unclear, and presents an overly positive view of a product or service. Both types of advertising are illegal in Virginia, and can lead to serious penalties for the business responsible for the advertising.

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What are the differences between deceptive and misleading advertising?

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