What is the difference between an unfair competition claim and a claim for false advertising?

Unfair competition law is a body of civil law designed to protect businesses from unfair methods of competition. In Florida, the Unfair and Deceptive Trade Practices Act (FDUTPA) prohibits certain deceptive and unfair practices when it comes to businesses competing with one another, including false advertising. The difference between an unfair competition claim and a claim for false advertising is in the scope of the protections. While false advertising is a subcategory of unfair competition, an unfair competition claim can involve a broader range of unlawful activities. An unfair competition claim could generally involve any conduct that takes business away from a competitor, including activities, such as stealing trade secrets, unlawful pricing strategies, business interference, or disparaging a competitor’s reputation or products. A false advertising claim, on the other hand, is limited to deceptive marketing campaigns. This can include claims that are false or misleading, or omissions that are important enough to materially change the content of the advertisement. In Florida, claims for false advertising are brought under FDUTPA, and require that the plaintiff prove that the defendant made a false statement or omitted important facts, that was likely to deceive or mislead consumers, and that the plaintiff suffered an injury or damages as a result.

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What is the difference between an unfair competition claim and a claim for false advertising?

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