What are the elements of a false advertising claim?

False advertising claims are a type of unfair competition law in Washington, and the elements of a false advertising claim involve proving 1) a false or misleading statement of fact 2) that deceives or has the potential to deceive a consumer 3) that is material (meaning it could influence a consumer’s decision) 4) that the defendant made about its own or a competitor’s product and 5) that it caused or is likely to cause injury to the plaintiff. The first element requires that a false or misleading statement of fact be made. This means a false statement is made that misleads or tricks consumers into acting or believing contrary to the truth. An example of this may be a company claiming to offer a product or service that does not actually exist. The second element requires that the statement deceives or has the potential to deceive a consumer. This means that the statement is likely to mislead or confuse consumers and cause them to make a decision that they wouldn’t have made if they had known the truth. An example of this may be a company claiming to sell a product at a lower price than what is actually being offered. The third element is that the statement must be material. This means that the false or misleading statement must be something that could influence a consumer’s decision. An example of a material statement may be a company advertising that its product can cure a particular health issue that it cannot. The fourth and fifth elements involve showing that the defendant made the statement about its own or a competitor’s product and that it caused or is likely to cause injury to the plaintiff. An example of this may be a company making false or misleading statements about a competitor’s product, which in turn affects the plaintiff’s ability to compete in the marketplace.

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What are the elements of a false advertising claim?

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