For a claim to be misleading, it must be proven that: (i) a representation (i.e., an advertising or marketing claim) has been made, (ii) to the public, (iii) to promote a product or business interest, (iv) that is literally false or misleading (or with a false or
misleading general impression) and (v) the claim is «material».
Not exact matches
Such an
impression will of course be
misleading, the consequence of taking the printed record too seriously, and it will not be total: Here and there in the
general excited buzz, there will be visible an outcrop of the unchanging reality beneath, some out - of - date old cleric still raising a stubborn voice about the love of God, the burden of sin, the pain of Christ, the love of our neighbor, the pilgrimage of this life, and the Four Last Things.
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.
Both the literal meaning and «
general impression» of a claim are relevant to determine whether a claim is false or
misleading.