Whether it’s a television commercial promoting a new food product, a radio spot for a nutritional supplement, or a banner ad that pops up inviting you to experience a sneaker that will improve your physique, advertising is all around us. Pastor Law Office understands the competitive nature of our society and the need to ethically brand and differentiate one product or service over another. But when any advertisement, promotion, label, letter, or other marketing tool misrepresents the nature, characteristics, qualities or geographic origin of goods, services or commercial activities then consumers and businesses have a right to do something about it.
To prove false advertising, there are five key considerations/questions to ask:
- Has a false statement of fact been made with regard to the advertiser’s or another party’s goods, services, or commercial activity? These statements can be literally or implicitly false.
- Does the statement either deceive or have the potential to deceive a large number of people in the targeted audience?
- Is the statement material, or significant in the typical consumer’s decision to purchase the product or service?
- Has the deception either resulted in or is likely to result in injury to the plaintiff (the injury is usually attributed to a customer’s loss of money)
Pastor Law Office is committed to enforcing consumer protection law. If you believe that you may have been a victim, or if you want more information, please inquire about a free evaluation so we can promptly review and discuss your case. You can also use our class action checklist as a helpful guide.
One of the many current and ongoing success stories that we have in the false advertising category of consumer protection law involves claims against Reebok for its advertising of its EasyTone shoes and apparel.
Summary: Allegations that Reebok made false and deceptive claims in its EasyTone shoe and apparel labeling and advertising, including claims that these products would increase muscle tone, strength and/or activation.
Result: A settlement creating a $25 million fund from which payments to consumers who purchased the products can be made, as well as permanent injunctive relief prohibiting Reebok from making certain unsubstantiated claims about its EasyTone products.