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Deceptive Advertisements

Protecting Consumers & Businesses from Deceptive Advertising & Marketing

At Girard Gibbs LLP, our false advertising lawyers represent both consumers and businesses in false advertising lawsuits: Deceptive advertisements can harm consumers by inducing them to spend money on a product or service or by exposing them to the risk of injury through false claims about health or safety. Deceptive marketing can likewise harm competitors by causing a loss of business.

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Identifying deceptive advertisements

The FTC, which is tasked with regulating advertising, has issued a Deception Policy Statement that says an ad is deceptive if it contains a claim - or fails to disclose important information - that:

  • Is likely to mislead a "reasonable consumer" - that is, a typical person looking at the ad; and
  • Is "material" - that is, important to a consumer's decision to buy or use the product. Examples of "material" claims include representations about a product's price, safety, performance, features, or effectiveness.

Many states have passed false advertising laws as well, so no single definition controls, and often it is up to a court to decide whether a particular advertisement has crossed the line.

Report a Deceptive Advertisement to our Class Action Attorneys

Speak with one of our false advertising lawyers by filling out the form to the right.

Why Girard Gibbs?

Girard Gibbs represents consumers, investors, whistleblowers, employees, and businesses in cases involving consumer protection, personal injury, securities, antitrust, employment litigation and arbitration. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been selected for inclusion in The Best Lawyers in America® 2012 and Northern California Super Lawyers, and have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.

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