Can We
Be Honest
About Fraud?
False Advertising Attorneys
False advertising is a form of consumer fraud that impacts millions of people every day. Whether it is through deceptive sales tactics, product mislabeling, faulty services, hidden fees, “bait and switch” methods or other unfair business practices, unethical companies routinely mislead consumers. At Cole & Van Note, our false advertising attorneys have built a national reputation for taking swift and aggressive action to hold these corporations accountable. Want to learn more?
Our attorneys have extensive experience prosecuting consumer protection cases—ranging from breaches of contract, false advertising, to unfair competition and other deceptive trade practices. If you’ve been misled or short-changed, our legal team can help. These cases can have high financial value to you, so don’t delay.
False Advertising: Explained
False advertising refers to any misleading, deceptive, or outright false claim made in an advertisement about a product or service. This can include exaggerating benefits, omitting important details, using manipulated visuals, or making promises the business can’t keep. False advertising is a broad legal area involving a variety of illegal tactics used to deceive buyers.
Brands exaggerate for all kinds of reasons—competition, pressure or simply poor oversight. In advertising, however, those exaggerations are public, and the fallout can be costly. Phony statistics. Photoshopped models. Hidden fees. Misleading labels. These aren’t accidents; rather, they’re examples of false advertising, and they happen more often than you might think.
What are the categories of false advertising to watch out for?
1. Hidden fees.
The “fine print” can be a convenient excuse for false advertising. Advertisers sometimes hide behind legal jargon or vague language as a defense to otherwise fake representations. Sometimes, companies falsely advertise a product or service to make it look more attractive, but do not fully disclose the actual price, or they tack on surcharges or maintenance fees. Not disclosing those hidden fees is usually illegal. The FTC states that, in order for an advertisement to be lawful, all terms and conditions must be clear and legible.
2. Bait and switch.
“Bait and switch” advertising occurs when a company advertises a product or service that it does not intend to sell or provide to consumers. This is done in order to lure customers into its stores or onto its website, only to pull the bait out from under the consumers and attempt to sell another product or service in its place. Advertisers don’t even have to omit the truth from their advertisements to get in trouble for this.
3. Quality or origin deception.
It’s illegal for a company to make a false claim about the quality or origin of the product, or its quantity it is selling. It’s also illegal for a company to withhold information about defects. These practices include claiming that a food is 100% “all natural” when it’s not, claiming that something was “manufactured in the USA” when it was manufactured overseas, or leaving out known defects from warning disclosures. It can also mean “greenwashing,” whereby a company falsely suggests a product is eco-friendly, or when its “green seal of approval” is bogus. Editing photos to make models look thinner, make food look juicier or make hotel rooms look brighter has been practiced for a long time. Nowadays, however, using tools like Photoshop is an easy way to misrepresent the true quality of products.
3. Quality or origin deception.
It’s illegal for a company to make a false claim about the quality or origin of the product, or its quantity it is selling. It’s also illegal for a company to withhold information about defects. These practices include claiming that a food is 100% “all natural” when it’s not, claiming that something was “manufactured in the USA” when it was manufactured overseas, or leaving out known defects from warning disclosures. It can also mean “greenwashing,” whereby a company falsely suggests a product is eco-friendly, or when its “green seal of approval” is bogus. Editing photos to make models look thinner, make food look juicier or make hotel rooms look brighter has been practiced for a long time. Nowadays, however, using tools like Photoshop is an easy way to misrepresent the true quality of products.
4. Lying by omission
Arguably, one of the most common ways to lie in an advertisement is lying by omission, leaving out critical buying information. This involves removing relevant information from an advertisement to make sure only the best features of a product or service stand out with no distractions. For example, if a company designs an advertisement for a battery that says it “Lasts Even Longer,” this could be considered lying by omission, since it provides no original reference point. Compared to what does it last longer? How long do batteries normally last? Such advertisements are deceptive since they make the product sound great, but really say nothing of value to the purchaser.
6. Stock Deception/Inadequate Inventory Levels.
This false advertising occurs when a company discounts a product but carries an inadequate inventory of it. Similar to the “bait and switch” scenario, companies do this to lure you into their stores under false pretenses, hoping you will buy other products (now that you have already made the journey to get there). This is different than “price-fixing,” which is an unfair competition claim, but is also illegal.
These anti-competitive practices violate both state and federal consumer protection laws and can result in heavy civil penalties—and even criminal charges. These practices aren’t just unethical—they’re illegal under consumer fraud laws and deserve legal action.
Common false advertising examples:
The list is endless but some common issues we handle include:
- Hotels: Hotels often use very dangerous fragrance compounds but tell you the hotel is safe.
- Health-Conscious Foods/Drinks: Beverages and foods aimed at the healthy consumer often overstate their efficacy. Should a “healthy” drink contain fructose and corn syrup? Many promises that certain foods help balance your mood, or will aid in digestion, or are sources of important vitamins, etc. are based on junk science, or no science at all.
- “Made in the USA”: Capitalizing on patriotism, many companies claim their products are made in the U.S.A. when, in fact, all or a large portion of those products are manufactured in places like China or Mexico. But that’s not what you paid for, and so it’s illegal.
- Safe and/or greenwashed products: Many products that are allegedly “eco-friendly” are not. Also, many products claim to be safe for babies or other consumer segments and yet contain irritants or other chemicals dangerous to those individuals. These can also be product defect cases, depending on the claims made and problem with the particular item.
What are the legal remedies for false advertising?
All of the unethical anti-competitive practices listed above violate both state and federal consumer protection laws and can result in damages paid to you, heavy civil penalties—and even criminal charges.
When liability is established (or the case is settled), possible outcomes include:
- Injunctions: The advertiser must stop running the deceptive ad or revise it.
- Corrective notices: The company may need to publish clarifications or call-outs affirming the truth.
- Monetary remedies: Fines, civil penalties, restitution to consumers, and damages to competitors. In recent cases, penalties have reached into the millions of dollars.
- Reputational harm: Beyond direct legal risk, enforcement actions generate negative publicity and reduced consumer trust.
Think you’ve been defrauded?
If you’ve purchased a product or service and believe you were misled or shortchanged, you may have a valuable consumer fraud claim. Our consumer rights attorneys can help you understand your legal options and take swift action if necessary.
Contact us today for a free consultation. We’re here to protect your rights and make sure deceptive companies are held accountable.
For more on consumer protection, you can also visit:
If you’ve purchased a product or service and believe you were misled or shortchanged, you may have a valuable consumer fraud claim. Our consumer rights attorneys can help you understand your legal options and take swift action if necessary.
Contact us today for a free consultation. We’re here to protect your rights and make sure deceptive companies are held accountable.
For more on consumer protection, you can also visit: