How To Prove A California False Advertisement Claim

In California, a claim of False Advertisement is defined as:
False advertising is described as the crime or misconduct of publishing, transmitting, or otherwise publicly circulating an advertisement containing a false, misleading, or deceptive statement, made intentionally or recklessly to promote the sale of property, goods, or services to the public.
It simply means:
Promoting the sale of goods or services through false, misleading, or deceptive statements
There are 5 elements of the claim:
- Element 1. The defendant made a false statement of fact in a commercial advertisement about its own or another’s product. A false advertisement claim occurs when a company makes an untrue statement about its own product or someone else’s in an ad, misleading consumers about the product’s qualities or benefits.
Facts that might support this element look like:
* The defendant claimed that its product contained 100% natural ingredients, despite including synthetic additives in the formulation.
* The advertisement stated that the product was clinically proven to reduce wrinkles by 50%, but no scientific studies supported this claim.
* The defendant promoted its product as the “best-selling” item in its category, while sales data indicated it ranked significantly lower than competitors.
* The advertisement featured a testimonial from a supposed customer, who was later identified as an employee of the defendant.
* The defendant asserted that its product was endorsed by a well-known dermatologist, but the dermatologist had never reviewed or approved the product. - Element 2. The statement actually deceived or had the tendency to deceive a substantial segment of its audience. This means that the advertisement misled or was likely to mislead a significant number of people, causing them to believe something that wasn’t true about the product or service being promoted.
Facts that might support this element look like:
* The advertisement claimed that the product would increase energy levels by 50%, leading many consumers to believe they would experience significant boosts in vitality.
* A survey conducted after the advertisement aired revealed that 70% of respondents felt misled by the claims made about the product’s effectiveness.
* The product’s sales increased by 200% following the advertisement, indicating that many consumers were influenced by the misleading statements.
* Customer reviews on social media expressed disappointment, with over 60% stating the product did not perform as advertised, suggesting widespread deception.
* The advertisement used testimonials from individuals who were not actual users of the product, creating a false impression of its effectiveness. - Element 3. The deception was material in that it was likely to influence purchasing decisions. The deception was significant because it could easily sway customers’ choices about buying a product, meaning that the misleading information was important enough to affect their decisions.
Facts that might support this element look like:
* The advertisement claimed that the product contained 50% more active ingredients than competitors, which misled consumers about its effectiveness.
* Customer surveys indicated that 70% of respondents believed the product was superior due to the misleading claims made in the advertisement.
* The product’s sales increased by 40% following the misleading advertisement, demonstrating its influence on consumer purchasing decisions.
* Competitors reported a significant drop in sales after the advertisement aired, suggesting that consumers were swayed by the deceptive claims.
* The advertisement featured testimonials from individuals who claimed to have experienced extraordinary results, which were later proven to be fabricated. - Element 4. The defendant caused its false statement to enter into interstate commerce. The defendant made a misleading claim about a product that was shared across state lines, meaning it affected consumers in different states, which is a key part of proving a false advertisement case.
Facts that might support this element look like:
* The defendant published advertisements containing false statements on its website, which is accessible across state lines.
* The defendant distributed promotional materials containing misleading claims to retailers located in multiple states.
* The defendant utilized social media platforms to share false information about its products, reaching consumers nationwide.
* The defendant engaged in email marketing campaigns that included deceptive statements sent to recipients in various states.
* The defendant’s false statements were included in a national television commercial that aired in multiple states. - Element 5. The plaintiff was or is likely to be injured as a result of the false statement, either by direct diversion of sales from itself to defendant or lessening of the goodwill associated with its products. The plaintiff claims that they were harmed by the false advertisement because it either caused customers to buy from the defendant instead or damaged the positive reputation of their own products.
Facts that might support this element look like:
* The defendant’s false advertisement misrepresented the quality of its product, leading consumers to choose it over the plaintiff’s offerings.
* Sales data from the past quarter indicates a significant decline in the plaintiff’s revenue coinciding with the defendant’s misleading marketing campaign.
* Customer reviews show confusion between the plaintiff’s and defendant’s products, suggesting a direct impact on the plaintiff’s brand reputation.
* Surveys conducted among consumers reveal that 70% were unaware of the plaintiff’s product due to the defendant’s aggressive advertising tactics.
* The plaintiff has received multiple complaints from customers who mistakenly purchased the defendant’s product, believing it to be the plaintiff’s.
(See Southland Sod Farms v. Stover Seed Co., 108 F.3d 1134, 1139 (9th Cir. 1997).)
If you’re in court without a lawyer and plan to assert a Claim of False Advertisement, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.
Prove Your CA False Advertisement Claim
U.S. Civil Cases Only