False Advertising

Question 1

PF of False Advertising

Answer 1

1. false or misleading statement about product or services
2. such statement EITHER
   - actually deceived OR
   - had the capacity to deceive a substantial portion of potential customers
3. deception is material
4. product or service is in interstate commerce
5. π has been or is likely to be injured bc of the statement

Question 2

Remedies for False Advertising

Answer 2

injunctive relief or damages

Question 3

Defenses for false advertising

Answer 3

Truth, and Puffery

Question 4

2 part test for standing for False Advertising under the Lanham Act

Answer 4

1. can the party show economic or rep injury
2. does injury occur when deception of customers causes them to withold trade from π

Question 5

How to prove deception/misleading under false advertising claim

Answer 5

• if statement is actually false, then deception is presumed
• if statement is alleged to be misleading then need to show evidence of actual deception

Question 6

4 part test for Puffery

Answer 6

1. analyze the common usage or menaing of the allegedly defamatory words themselves
2. consdier the dergee to which the statements are verificable
3. examine the context in which the statement occurrs
4. examin the broader socia context to which the statement fits