False advertising is an incorrect or unrealistic marketing claim that a company may make about its goods or products. In some instances, companies may give exaggerated information that is not in line with the actual presentation of their products. This causes a sense of intrigue in their customers to spend more on such a product or end up buying a product they had not planned to purchase.
After the increase in advertising in the early 1900s, 44 states in the US declared false advertising a crime. It was accompanied by statutes addressing particular types of advertising that compelled companies to pay a certain number of fines and penalties upon any violation. Additionally, consumers have taken advantage of these statutes to take legal action against companies to hold them responsible for false advertising.
Fortunately, customers’ work to sue such companies has been made accessible due to the availability of legal professionals, like the false advertising lawyers at The Haeggquist and Eck Firm, who represent clients to achieve their rights.
This article talks about the types of false advertising to help you know when you fall victim to the malpractices of such rogue companies.
If you are a victim of false advertising practices, you can have a right to compensation. Read on to gain a complete understanding of the types of false advertising and the measures you can take to receive compensation for any damages you may incur.
Mislabeling
It commonly happens when companies deliver false or misleading information on their product packages or websites that they use for advertising their products. Companies are notorious for making false claims about the cost of a product by claiming that a particular product is on sale at a price it should not be purchased at. This price deception is a common practice in many outlet stores.
In addition, companies may be held responsible for false advertising when they give incorrect information about the product’s origin or quality. Inaccurate environmental claims are also false advertising. These include using recyclable, biodegradable, and environmentally friendly terms on the product packages.
Consumers tend to pay more for products with such claims. Hence, any company using such claims on their product package without scientific evidence is held responsible for violating consumer rights.
Bait and Switch
A company may make a claim regarding the price or quality of a particular product or service. However, their actual intention would not be to sell or provide the service at the stated prices. This is considered bait and switch false advertising.
In some instances, advertisers may attract or lure customers by providing good deals but later don’t fulfill the promise after a customer has already invested time and energy in negotiations with the advertiser. Bait-and-switch advertising is outlawed under Federal Trade Commission regulations.
Failure to disclose
When a company fails to provide complete product information or partially provides such information for its customers, it is considered to be participating in false advertising. Products such as prescription and over-the-counter medications, cleaning items, and many more need full disclosure of their information because of their sensitivity. When companies fail to disclose information about these products, it can lead to personal injury and damage to property.
Flawed research
When advertising or labels on the products give information based on inaccurate research, it is considered false advertising. Federal law stipulates that flawed research happens when representations are found to be incorrect based on the accepted authority or research information or when the prevailing authority or research contradicts the information used.
Product disparagement and trademark infringement
When a company falsely disparages a competitor’s product as part of their marketing, they can be held responsible for false advertising.
On a similar note, a company using its competitor’s trademark to imply some form of relationship is considered false advertising as well.
Conclusion
False advertising confuses customers and makes them spend more on the product because of the incorrect information. However, suppose you are a victim of false advertising. In that case, you have rights under consumer protection laws. With the assistance of a lawyer, you can take legal action against the company that is responsible for that false information.
