Deceptive Practices In Advertising In Utah
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False advertising is when a company says something about its products or services, either in an advertisement or a label, that is outright false. On the other hand, deceptive advertising is when a manufacturer makes statements that may be technically true in some sense, but are likely to deceive a reasonable consumer.
The purpose of this Chapter is to prevent deceptive, misleading, and false advertising practices and forms in Utah. Section 13-11a-3 prohibits any person from advertising goods or services without the intention to sell them as advertised and such acts or practices are held unlawful.
An act or practice may be found to be unfair where it “causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consum- ers or to competition.”7 A representation, omission, or practice is deceptive if it is ...
This act shall be construed liberally to promote the following policies: (1) to simplify, clarify, and modernize the law governing consumer sales practices; (2) to protect consumers from suppliers who commit deceptive and unconscionable sales practices; (3) to encourage the development of fair consumer sales practices; ...
Final answer: Deceptive advertising makes false claims about a product and is illegal, while puffery involves exaggeration and is generally legal. The Federal Trade Commission (FTC) regulates these practices to protect consumers. Understanding these differences is essential for both consumers and advertisers.
The purpose of this Chapter is to prevent deceptive, misleading, and false advertising practices and forms in Utah. Section 13-11a-3 prohibits any person from advertising goods or services without the intention to sell them as advertised and such acts or practices are held unlawful.
The composition of goods is another common category of deceptive claims. For example, a product advertised as “wool” had better be 100 percent wool; a mixture of wool and synthetic fabrics cannot be advertised as wool.
Actions by consumer. Whether a consumer seeks or is entitled to recover damages or has an adequate remedy at law, he may bring a class action for declaratory judgment, an injunction, and appropriate ancillary relief against an act or practice that violates this chapter.
