False Advertising Legal Representation

The laws of each state can be a valuable tool for people who want to directly sue fake advertisers. Any party that sells or distributes a product that distorts or distorts the content, character, origin or usefulness of the product is subject to significant civil and criminal liability. If you are in the distribution chain and you knew or should have known that the wrong labeling or characterization of the product took place and that you still participated in the distribution, you are just as “guilty” as the author of the falsehood. The Federal Lanham Act allows for civil suits for false advertising that distorts “the nature, characteristics, qualities or geographical origin” of goods or services. 15 U.S.C. § 1125(a). The FTC also enforces laws on misleading advertising on behalf of consumers. Every consumer protection lawyer at Glancy Prongay & Murray has the experience to represent clients in false advertising allegations and other types of fraudulent business practices cases. Our firm has a strong track record for the people we represent. There are also a number of federal laws that restrict advertising when it comes to certain types of products or services. The Food, Drugs and Cosmetics Act, for example, requires sellers of pharmaceutical and nutritional products to provide certain information about the content of products and possible side effects of ingestion. The law is enforced by the Food and Drug Administration. Class actions are an effective option for people who have been harmed by fake ads and don`t want to go it alone.

They allow a number of people to collectively sue fake advertisers in a single lawsuit. New York law protects consumers from misleading advertising. You have the right to receive truthful information about products and services. Misleading advertising is any advertising that is misleading in any way. This includes any statements or images about the product. This includes failure to disclose certain information about the product or service. At the federal level, the Federal Trade Commission (FTC) is the agency tasked with investigating misleading advertising and prosecuting actions against fake advertisers. At the state level, attorneys general take the lead in these investigations and prosecutions. Kronenberger Rosenfeld has experience representing clients in FTC or Attorney General`s Office investigations and works with these government organizations to reach timely and meaningful resolutions. Fake advertising, like other types of scams, comes in many shapes and sizes.

At Glancy Prongay & Murray, we represent individuals who have been harmed by various misrepresentations, including: Consumers may be granted a variety of remedies against any business that engages in false or misleading advertising. These remedies may include: A common form of misleading advertising involves misleading or misleading product descriptions, particularly claims that a product has certain characteristics or benefits that it does not have, or that it is of better quality than it actually is. Examples: Misleading advertising is prohibited by a number of federal and state laws. Congress initially enacted the Lanham Act, including Section 43(a) (which is codified as 15 U.S.C. § 1125(a)), in 1946 and amended it in 1988. This provision prohibits any use of a false or misleading description or representation in advertising or commercial promotion that “identifies the nature, characteristics, characteristics or geographical origin of. goods, services or commercial activities. The courts have made the following for a section 43(a) claim: The country of origin of goods sold in the United States is governed by 19 U.S.C. § 1304, which regulates the marking of imported items and containers.

It requires that goods imported into the United States be marked in writing on the merchandise indicating the origin of the item. A violation of this law is punishable by fines of up to $100,000 and imprisonment for up to 1 year if convicted of the first violation. 19 U.S.C. § 1304(L). If a party determines that the original marks on a product are false or false, even if the party is not involved in the fraud at all, its complicity would imply it under this law.