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Article: False Advertising Frequently Asked Questions on United States.(Federal Trade Commission Act)
- Article from:
- Mondaq Business Briefing
- Article date:
- May 16, 2008
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Copyright informationCOPYRIGHT 2008 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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What constitutes false advertising and what types of materials are subject to the false advertising laws? Is advertising protected by the First Amendment?
False advertising is defined by the Lanham Act (which governs trademarks and advertising used in interstate commerce) as any false or misleading statement or representation which "misrepresents the nature, characteristics, qualities or geographic origin" of the goods, services or commercial activities of the advertiser or of another person. Similar definitions apply under the Federal Trade Commission Act and the various state statutes that regulate advertising.
All forms of commercial advertising and promotion are ...
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