Consumer Protection Law

False Advertising: Can You Sue?

Your rights when "What You See" isn't "What You Get."

We see thousands of advertisements daily, many promising miraculous results or unbeatable prices. But when a company crosses the line from "puffery" to "deception," they are breaking the law. If you’ve purchased a product based on a lie, you have legal options.

The Three Pillars of a False Advertising Claim

To successfully sue for false advertising under the Lanham Act or local consumer protection laws, you generally need to prove these three elements:

Misleading Statement The ad contained a statement that was factually false or significantly misleading to a reasonable consumer.

Materiality The lie was "material," meaning it actually influenced your decision to buy the product.

Injury/Loss You suffered an actual financial or physical loss (e.g., you paid for a feature that doesn't exist).

Common Forms of False Advertising

Type	Example
Bait-and-Switch	Advertising a low-priced item to bring customers in, then claiming it's "out of stock" to sell a pricier one.
Hidden Fees	Advertising a "flat rate" but adding mandatory, undisclosed surcharges at checkout.
False Endorsements	Using fake celebrity testimonials or "doctor-recommended" claims that aren't verified.
Misleading Comparisons	Claiming a product is "50% more effective than the leading brand" without clinical evidence.

Puffery vs. Falsehood: The Legal Line

It is important to distinguish between Puffery and False Advertising. Puffery consists of subjective claims that no reasonable person would take literally, such as "The Best Coffee in the World." Because "best" is an opinion, it is usually not grounds for a lawsuit. However, saying "Contains 100% Arabica Beans" when it is 50% Robusta is a factual claim that can be sued upon.

Important: Keep all evidence. Take screenshots of the advertisement, keep your receipts, and save the product packaging. These are essential for proving what was promised versus what was delivered.

Individual Lawsuit vs. Class Action

If your personal loss is small (e.g., a $10 bottle of shampoo), an individual lawsuit may not be worth the legal fees. In these cases, Class Action Lawsuits are common. This is where thousands of people who were all deceived by the same ad join together to sue the company as one group.

Analyze Your Case With Our Lawyers

Disclaimer: This article serves as general guidance. Consumer protection laws vary by country (e.g., FTC regulations in the US vs. Consumer Rights Act in the UK). For a specific legal opinion, contact keshillaligjore.com.