We all know to expect a little hyperbole and puffery in an advertisement. We understand that Gatorade won't turn us into Michael Jordan and that Axe Body Spray won't make every woman in a 10-mile radius wild for us.
However, actual false advertising is not silly or unimportant. It's a serious issue, and innocent consumers can waste a significant amount of money as a result of being misled by a product advertisement.
Our false advertising lawyers can help if you lost money as a result of a misleading or outright dishonest ad. We often pursue class action claims against purveyors of false advertisements.
If you live in or around South Bay, Torrance, or Redondo Beach, California and you need an experienced false advertising lawyer, please call Kirtland & Packard, LLP today at 310-536-1000 for a free consultation.
What Qualifies as False Advertising?
As noted above, companies have some flexibility to craft “creative” advertisements that aren't literally true. Regulators and attorneys are not hyper-literal Amelia Bedelia types, hawkishly monitoring all commercials for any hint of hyperbole so they can file suit.
However, there are state and federal laws governing the nature of these advertisements. Under these laws, an ad is considered legally “false” and actionable if it makes false or misleading claims about the product or its price. False advertising provides consumers with an incorrect understanding of the products and its capabilities, leading to an avoidable financial loss for the consumer.
Specific examples of false advertising include:
- Deceptive labeling
- Hidden fees and costs
- False promises
- Bait and switch schemes
- Failure to disclose key factors
Any individual victim of false advertising might be a relatively small matter with a relatively small amount of damages. As such, pursuing an individual legal claim is not always feasible in these situations. That's why many false advertising claims are pursued as class action lawsuits- a class action suit allows disparate litigants from across the country to combine their claims in one setting for ease of logistics.
If you've been the victim of false advertising in Los Angeles County, please call Kirtland & Packard, LLP today at 310-536-1000 for a free consultation.