What are the laws preventing deceptive advertising?

In California, deceptive advertising is regulated by both federal and state laws, including the Lanham Act, the Federal Trade Commission (FTC) Act, and the California Unfair Competition Law. Generally, these laws prohibit businesses from making false or misleading statements in advertising that could mislead consumers. The Lanham Act prohibits false advertising and trademark infringement. False statements of fact included in advertising, such as the performance of a product, need to be backed up with facts and evidence. Misleading statements, such as those that exaggerate what a product can do or omit any material information, can also be considered false advertising. The FTC Act prohibits deceptive acts or practices in advertising and marketing. This includes both fraudulent and material misstatements. A material misrepresentation is any statement of fact that is likely to affect the consumer’s purchasing decision. The California Unfair Competition Law prohibits deceptive business practices, including false advertising, designed to deceive customers. This law applies to all types of businesses including print, digital, and television advertising. Violations of these laws can result in civil penalties, such as fines or orders to cease and desist from any deceptive activities. Additionally, businesses may be held liable for the damages the deception caused to consumers. It is important to ensure that all advertising materials comply with the applicable laws to avoid legal consequences.

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