What are the elements of a false advertising claim?
In New Jersey, a false advertising claim under Unfair Competition Law includes four elements. First, the party bringing the claim must show that the defendant made a false statement of fact in a commercial advertisement about the defendant’s own or another’s product. Second, the advertisement must have been disseminated sufficiently to have affected the purchasing decision of the reasonably prudent consumer. Third, the plaintiff must have suffered an ascertainable loss of money or property due to the advertisement. Lastly, the false statement must have been made with the intent to deceive the public. False advertising claims may include false representations or omissions of any material facts regarding a product or service. Misleading descriptions, comparisons, or exaggerations of a product may all be considered false advertising. In addition, statements regarding the availability of a product or the period of time in which a promotion is offered can also be considered false advertising when they are made without the intention of honoring them. It is important to note that private citizens cannot bring false advertising claims in New Jersey. Only the Attorney General or a competitor may bring suit. The burden of proof is on the party bringing the claim, and if all elements are established, the court may award damages, or enjoin the defendant from using the false statement.
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