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This page serves to show some of the sources that provide guidance on combating false advertising and unfair/deceptive practices amongst businesses and consumers. In addition to the Lanham Act, this page includes other guidance from various federal agencies. For false advertising consulting with the FTC may be more helpful. For unfair business practices amongst creditors and financial institutions, the Consumer Protection Bureau may prove a more viable source, and when dealing with monopolies, the Department of Justice will be your go to.
National Consumer Law Center
While the Lanham Act may not always be favorable, most states have Unfair Competition Statutes. The National Consumer Law Center provides a valuable source for comparing state law to federal law. Click here to see how strong the law is in your state in relation to the federal statute.
Dissemination of False Advertisements
15 USC 52
The dissemination of false advertisements statute is also available in addition to the Lanham Act. It is under a subchapter Titled The Federal Trade Commission.
15 USC 55
This part of the statute spells out some of the definitions for previously laid out terms.
15 USC 54
This statute lays out when an injunction may be permissible.
Lanham Act Provision 43
Section 43 of the Lanham Act allows for civil penalties for false designation, false description or representation.
Considering The Likelihood of Success
The court has also assessed the following factors have been determined to set forth whether one has a likelihood of success in their action (1)Advertising was false or misleading,(2) advertisement decieved or has capacity to deceive consumers,(3) deception has a material effect on purchasing decisions AND (4)plaintiffs have been injured or are likely to be injured by the false advertisement.
Opinion v. Fact
A leading advertising case from a commercial saying their product was the best was found not to be actionable under the Lanham Act.
Small Business Blog
Check out this article comparing different forums discussing instances in under which one may be more favorable for a cause of action.
Bait and Switch Tactics
Explaining Bait and Switch
Bait and switch tactics are commonly used by businesses in an effort to reel customers in and then offer a different deal then originally promised. This William and Mary Law Review Article gives a comprehensive explanation of bait and switch and examines the customs and practices from the beginning of time to today.