False Advertising

False advertising litigation is becoming more and more commonplace in California. The allegations typically involve misleading, false, or deceptive claims about products or services published publicly. Typically, false advertising cases are brought as class actions alleging a group of plaintiffs or “victims” of the untrue and deceptive claims of the advertiser. While it is true that many legitimate false advertising cases exist and victims deserve to be compensated, many more cases are brought frivolously to extract a nuisance settlement from businesses unfortunately. If your business has been accused of false or misleading advertising, it is critical you seek the advice and counsel of a skilled false advertising defense attorney. McFarlin LLP has advised businesses and litigated many such matters and can find you the best, and fastest, solution to false advertising allegations.

False Advertising vs. Products Liability
False advertising often gets confused with products liability; however, the two are distinct and are governed by different standards, although in litigation can take a similar course. In a false advertising matter, the allegation is typically that the way the product or service was promoted was (at the very least) highly misleading to consumers. False advertising usually does not attack the product or service itself, but rather the promotion of the product. Furthermore, in false advertising lawsuits, the consumer’s own subjective understanding of the product and sales process comes into play. A consumer’s incorrect understanding can lead to false advertising issues. Of course objective standards are used as well to evaluate the claim. Product Liability, in contrast, focuses typically only on the deficiencies of the product itself. With our vast understanding of both false advertising and products liability defense, the knowledgeable attorneys at McFarlin LLP can explain these differences in detail, and represent your business in any type of false advertising matter, including litigation defense.

False Advertising Government Inquiries
Advertising and marketing disputes can significantly impact a business, its operations, and its products, especially when coupled with compliance issues raised by the Federal Trade Commission (FTC) under the Lanham Act. Government inquiries and investigations should always be taken seriously, and any sort of enforcement action should certainly be defended by only the most skilled and knowledgeable false advertising litigation attorney. In most instances, it is advisable to work with regulators to uncover their core concerns. Once those concerns are identified, addressing those issues immediately and voluntarily often saves a tremendous amount of time and litigation expense.

False Advertising Defense Attorneys
In any of these difficult situations, McFarlin LLP false advertising defense attorneys will help present your best arguments to regulators, negotiate settlements or work to insulate your business from further risk. We are business litigators with extensive experience in both litigation and administrative and government inquiry matters. If you have questions regarding a false advertising lawsuit, call us today for a free case analysis at (888) 728-0044.