FALSE ADVERTISING

false advertising,n. 1. The tortious and sometimes criminal act of distributing an

advertisement that is untrue, deceptive, or misleading; esp., under the Lanham Trademark Act, an

advertising statement that tends to mislead consumers about the characteristics, quality, or

geographic origin of one’s own or someone else’s goods, services, or commercial activity. • Under

• 43(a) of the Lanham Act, false advertising is actionable by anyone who reasonably believes that

he or she has been or is likely to be damaged by the statement. An exaggerated opinion (“puffing”)

is an immaterial statement and therefore not actionable. [Cases: Consumer Protection 7; Fraud

1; Trade Regulation 870. C.J.S. Credit Reporting Agencies; Consumer Protection§ 59.] 2. At

common law, a statement in a defendant’s advertising about its own goods or services intended to

deceive or confuse customers into buying those goods or services instead of the plaintiff’s, and

causing actual damage to the plaintiff, esp. the loss of sales. — Also termed (in both senses)

deceptive advertising.[Blacks Law 8th]