Legal Definitions - false advertising

False advertising is when a company makes false or misleading statements about their own products or someone else's products. This is against the law and can result in a civil lawsuit. The Lanham Act allows a person to sue for damages or to stop the false advertising from continuing.

To prove false advertising, the person suing must show:

• The company made false or misleading statements
• People were actually deceived or likely to be deceived
• The deception was important and could influence buying decisions
• The product was sold across state lines
• The person suing was likely to be harmed

It's important to note that the person suing doesn't have to prove they were actually harmed by the false advertising. However, if a company uses "puffery" or exaggerated claims that no one would believe, that's not considered false advertising.

For example, if a company claims their shampoo will make your hair grow 10 inches in a week, that's obviously not true and would be considered false advertising. But if a company claims their shampoo is the "best in the world," that's just an opinion and not considered false advertising.