Matthew W. Lucas

Attorney at Law
 

703.821.5522

e-mail: mlucas@cs.net
     
 

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Dangers of Misleading Advertisements.
  Misleading advertising can itlead to trouble with the Federal Trade Commission (FTC) or state attorneys general? How is a misleading ad different from a false ad? Unlike false advertising that contains an outright lie, a misleading ad leads consumers astray by implication.

Beware of some of the these advertising techniques/pitfalls:

  • You sale a cleaner that cleans dirt from kitchen surface like a champ, but it does not disinfect. If you say, "My product cleans and kills germs on your kitchen, surfaces," you would be guilty of false advertising. If you said, "My cleaner cleans and sanitizes," you would be guilty of misleading advertising. The word "sanitize" implies sterilization.
  • If you claim your product is faster, cheaper, or has better ingredients than your competitor's, you need written document to back up that claim.
  • If you say an item is "free," there should be no strings attached unless you I describe those conditions in detail.
  • Don't advertise a sale product when you don't have reasonable quantities in stock. Some states require a notice of  how many are available at the time of the sale, unless you are unless you are going to provide "rain checks" when the stock runs out.
  • If you use an endorsement from someone not on staff, or a picture or logo be certain you have permission in writing. 

       You can be certain your competitors will be watching whether your ads could be viewed as false or misleading.
 
     
   
     
 
       
         
   
 
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