False advertising occurs when a business makes a misleading,
deceptive, or plainly false claim about a particular product or
service. There are currently a host of state and federal laws aimed
at addressing false advertising, the most prominent of which is the
Federal Trade Commission Act ("
FTC Act"), 15 U.S.C. § 53(b). As articulated by
Federal Trade Commission ("FTC") Commissioner Christine
S. Wilson, "[a]ccurate and complete information contributes to
the efficient functioning of the market and facilitates informed
consumer decision-making. In contrast, deceptive or false
claims inhibit informed decision-making and cause economic injury
to consumers."
The FTC Act – Federal Protection Against False
Advertising