What is False Advertising?

business economy

False advertising is any type of advertising that deceives consumers. Even advertising that only has the potential to be misunderstood by consumers may be construed as false advertising. In most cases, false advertising leads the consumer to believe that he is somehow profiting from a purchase. He may think he is getting a good deal, saving money, or buying something that will perform in a specific manner. Actually, the advantage is all on the side of the advertiser and companies who practice false advertising. Any potential benefit to the consumer is usually non-existant.

Due to many instances of false advertising, the US Federal Trade Commission (FTC) has regulatory power to step in and end any potentially misleading or deceptive claims. False advertising does not apply to claims made by politicians, though many argue it should. Instead the FTC determines incidences were the potential to deceive exists in any type of advertising. If claims made in advertising could lead to a purchase because of misunderstanding of the product or service, it essentially has the potential to deceive.

In order to report false advertising, people must have a copy of the original ad to send to the FTC, or to state bureaus. The ad must prove a potential to deceive. This usually doesn’t mean that a person will be able to sue for false advertising, though they may be able to stop certain types of claims being made, or get their money back for a product or service they purchased. Usually the FTC steps in to require the advertiser to add more information to any ads or on product labels, or asks the advertiser to stop an ad campaign. The FTC cannot issue warrants for arrest or impose fines unless the advertiser does not stop incidences comply with its requests.

There are many types of false advertising that consumers see on a regular basis. A common form is called inflated price comparison. In this form, retailers raise the price of items, and then offer them for a lower “sale” price, which indicates to most consumers that they are getting a “deal” on merchandise since it is supposedly on sale. Inflated price comparison might be used when customers have “loyalty cards,” to grocery stores or retail stores of a certain size. Cardholders are able to purchase products at presumed discounted prices. While sometimes loyalty cards can save a little money, they don’t when other product prices are inflated.

Another common type of false advertising is a product sold with a rebate. The rebate is not given at point of purchase, but instead must be claimed by the purchaser, and unfortunately some companies are notorious for not giving rebates back in a timely manner. When the advertisement doesn’t claim that the price is “after rebate,” you can expect to pay the full price.

Services that offer introductory prices may be potentially deceptive when ads don’t explicitly state that the price will increase after the introductory period has expired. Other forms of false advertising include making false claims about products, e.g., "Georgia" peaches grown in California. Using fillers in packaging is also false advertising because it can increase weight, making the consumer feel he is getting more of the actual product than is really in a package. Many companies now attempt to avoid false advertising by stating conditions of offers. Unfortunately these may be printed in small print, far from the advertised price. As a wary consumer, it makes good sense to always look at conditions and exclusions prior to making a purchase.

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New: Discuss this Article

Posted by: tbhenson
Discover Card's 5% back on all gas purchases?????

I have not been able to find where you only get 5% back of the first $100.00 and less than 1% back on the remaining $2900.00 you spend in one "anniversary year". I have emails, now, explaining that my conception was wrong to assume that I would get 5% back on "all Gas purchases".

Read the fine print. This advertising by Discover Card is extremely deceptive. Anyone having a good path to take to deter this type action please advise.

Thanks,

Ted

Posted by: anon12787
Hello,

I am a member of an official music fan club and they are selling VIP Soundcheck Upgrade for the concert tickets. The perks included in these VIP packages are listed very clearly. I purchased one of these packages about two weeks ago but when the day of the event came they didn't honor what they were claiming to be included in the package, without even giving an explanation. I believe I deserve a refund for that but I'm not sure I am entitled to. Could you kindly inform me if this is false advertising, please? Thank you for the attention and I hope in a response from you as soon as possible.

Kind regards,

C.

Posted by: yu21012
i went to a local nursery that advertised free local delivery. when i bought 10 bags of mulch and asked for free delivery, they said i had to spend $100. no where on the flyer does it have that stipulation. can i complain to FTC?
Posted by: anon11551
I booked a ticket with British Airways on 16th April 08, as they were advertising that the sale ended at midnight.

When I then revisited the BA site today, I found out that they were having a new sale and that the price of my ticket had come down by £100.

Is that false advertising? I rang to see if I could get a refund or change my ticket to the new prices, but they categorically refused. I would appreciate your help with this query

Thank you so much, J

Posted by: anon11192
Yes, that is false advertising. You should take a picture of the label and report it.
Posted by: anon9571
Hi, my daughter went to the shop brought some sweets the price on the counter said 36p when she got to the till the price was £1.36. The cashier said the label was a mistake and my daughter would have to pay the full amount. Isn't this false advertising, shouldn't she have sold it to my daughter for the amount stated on the product? We asked for a refund and the cashier said no.

Kelly


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