To determine whether an advertisement is misleading, the courts consider the “general impression” it conveys, as well as its literal meaning. If a representation influences consumers to buy the product or service advertised, it is material. Misleading advertising occurs when, in the promotion of a product or any business interest, a representation is made to the public that is false or materially misleading. The FTC’s jurisdiction includes oversight of deceptive and misleading marketing by retailers. As our nation’s premier agency in charge of consumer protection, the FTC monitors and investigates reports about ongoing scams and businesses that fail to make good on their promises. The FTC’s Bureau of Consumer Protection deters unfair, deceptive and fraudulent business practices by collecting reports from consumers, conducting investigations, suing companies and people that break the law, developing rules to maintain a fair marketplace, and educating consumers and businesses about their rights and responsibilities.
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