Garbutt, Kamille

September 29, 2014

Period 3

The Legal Definition of False Advertising

c.) What are the five things that need to be proven to show that there was false advertising?

1.     a false statement of fact has been made about the advertiser's own or another person's goods, services, or commercial activity

2.     the statement either deceives or has the potential to deceive a substantial portion of its targeted audience

3.     the deception is also likely to affect the purchasing decisions of its audience

4.     the advertising involves goods or services in interstate commerce

5.     the deception has either resulted in or is likely to result in injury to the plaintiff

d.) What are the different types of false advertising, and how is each type unique?

1.     Failure to Disclose: is based on misstatements

2.     Flawed and Insignificant Research: based on research

3.     Product Disparagement: based on discrediting a competitors product