What is the difference between a deceptive trade practice and a false advertisement?
Deceptive trade practice is a term used in South Carolina’s Unfair Competition Law to refer to an act or practice that is likely to deceive the general public. This includes activities like bait and switch marketing, deceptive pricing and other forms of unfair trade. False advertisement, on the other hand, involves a business making a false claim about a product or service in an advertisement. This could include lying about the product’s efficacy, misrepresenting its price or making a false statement about a competitor’s product. The key difference between a deceptive trade practice and a false advertisement is that deceptive trade practices are aimed at the general public, while false advertisements are aimed at a specific group. In other words, a deceptive trade practice is designed to mislead a wide range of people, while a false advertisement is designed to deceive a particular person or a particular group of people. For example, a business engaging in deceptive trade practices might advertise a product for a significantly lower price than its actual cost. This is likely to deceive the general public and lead to people buying the product thinking it is cheaper than it really is. A false advertisement, on the other hand, might make a false claim about a competitor’s product such as that it is ineffective or unsafe. This would be aimed at a particular group – people who are considering buying the competitor’s product – and is likely to deceive them into buying the business’ product instead.
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