False advertising is a major issue across the globe and severe action is being taken against it. It often puts the monetary and physical health of the public at risk with the wrong information, which creates a need for the authorities to step in, in order to protect the rights of the public. Here’s what you need to know about false advertising laws to stay in the clear for the most part:
What Makes an Ad False
If a statement presented in your advertisement happens to be false, you’re technically taking part in false advertising. Even if your intentions were something else or you weren’t aware of the fact that the information is incorrect, you’re still liable to false advertising.
Beyond factual correctness, ads with deceptive intentions are also considered a part of false advertising as they fail to produce the full picture of the issue.
The Federal Trade Commission’s Action
Competitors and consumers make up a huge portion of the people that report on unlawful advertising to the FTC. Firstly, the FTC tries to deal with the issue in an informal way to avoid any major issues, giving the other party a chance to quietly correct their ways. If the issue persists, expect a cease and desist order from the commission.
If anyone has been harmed or affected by the ad, the FTC can bring in a civil lawsuit on their behalf as well. You will also be required to run corrective ads to make up for the misinformation you previously presented.
What You Can Do
Running an advertisement is quite a responsibility and you’re liable for the harm that goes to your customers, along with any legal repercussions that may take place. Firstly, cross-check and reference any information you present with reputable authorities to avoid factual errors. For copyrighted images and endorsements, make sure you have the permission of the involved personnel.
It’s best to consult a legal service regarding your ad copy and other promotional material beforehand, as many words and phrases can get you into trouble.
Top Performance Legal helps businesses deal with a wide variety of legal claims, including false advertising issues that they may be liable to and can avoid. The business also provides dietary supplement, business litigation lawyers San Diego, FDA supplement regulation, and unfair competition law services in the San Diego area.
Businesses can get in touch with us for their requirements accordingly.