"Misleading advertising" refers to advertisements or promotional materials that provide incorrect or false information about a product or service. It can trick or deceive consumers into believing something that is not true, leading them to make decisions that they might not have otherwise made.
Full definition
Potential penalties for violating the criminal
misleading advertising provisions include up to 14 years imprisonment and / or an unlimited fine (i.e., fines in the discretion of the court).
Successfully represented the defendant in a proposed class action
alleging misleading advertising in respect of soft drink products, obtaining a dismissal of the action at certification.
The company says the rule is intentionally broad so that it can detect and
catch misleading advertising practices and leave the door open for future revision.
It should also alert any reader who has purchased trash literature and reimburse
for misleading advertising or face prosecution itself.
False performance claims may also be challenged by private plaintiffs in
misleading advertising claims commenced under section 52 of the Competition Act (i.e., based on the theory that inaccurate performance claims are either literally false or misleading).
Like the
general misleading advertising provisions of the Competition Act, the general impression is relevant to determining whether a claim made by a telemarketer is materially false or misleading.
The trail is supposed to be completed by July 1, 2017, just in time for Canada's 150th birthday, but Aunger fears it isn't what people expect it to be, based
on misleading advertising.
The criminal and
civil misleading advertising provisions of the Competition Act prohibit representations to the public, for the purpose of promoting a product or any business interest, that are false or misleading in a material respect.
In this regard, contests in Canada must comply not only with a stand - alone contest provision of the Competition Act (section 74.06) but also with the general
misleading advertising sections of the Competition Act.
These cases affirm the role of professional bodies in
prohibiting misleading advertising and promoting professionalism, but also caution against broad restrictions that go beyond legitimate objectives or are disproportionately burdensome.
Baby Milk Action will continue to monitor company marketing practices and bring — and win — cases at the Advertising Standards Authority
against misleading advertising of follow - on formula and growing - up milks.
Like other Canadian criminal law competition offences, however, like conspiracy under section 45 and the criminal
misleading advertising offences, all of the elements need to be established on a criminal burden of proof — i.e., beyond a reasonable doubt.
Genuine issues of fact precluded summary judgment on a consumer's claims against a seafood producer for allegedly making unlawful, false, and
misleading advertising regarding the omega - 3 nutrient content of certain of its products in violation of California's Unfair Competition Law (UCL), False Advertising Law (FAL), and Consumers Legal Remedies Act (CLRA), the federal district court in San Jose has ruled (Ogden v. Bumble Bee Food, LLC, January 2, 2014, Koh, L.).
Among the suggestions: better enforcement of existing rules
preventing misleading advertising; whether to limit referral fees and ban «up - front» fees altogether; better transparency to clients when a referral is made; and whether to restrict the type of awards a firm can include in advertising.
Stephanie Douglas of Louisiana is the latest individual to join the class - action - lawsuit train against pet food manufacturer Blue Buffalo Company, alleging false or
misleading advertising based on the company's product labeling.
Actually,
misleading advertising takes away women's choices: 86 % of expecting mothers say they want to breastfeed, by the time they deliver, only 74 % even try ONCE... clearly they have been persuaded or even pressured otherwise.
«There's a special place in hell for the perpetrators of ANNIE, not so much for the unconventional casting as for the
shamelessly misleading advertising campaign trying to convince people they're going to be seeing a film version of the beloved Broadway musical.»
«Most consumers truly want a natural pet food, but they don't really know what that means or how to tell the difference
between misleading advertising and the real deal.»