The claim requires a representation, omission, or practice likely to mislead a reasonable consumer acting reasonably, that is material to the purchase decision. Puffery and non-actionable opinion are excluded.
Substantiation requirements apply to objective claims.
Alternative Names:
False Advertising Claim|Deceptive Marketing Claim
Why it Matters?
The reasonable consumer standard is the primary defense, since it excludes interpretations requiring unreasonable readings and courts dismiss claims where the challenged representation was accurate in context including qualifying language. Front-of-package claims qualified on the back present the recurring dispute, with courts divided on whether reasonable consumers consult the full label. Substantiation files supporting objective claims are the second line of defense.
Frequently Confused with
Related terms
Frequently asked questions
What is the primary defense?
What is the recurring dispute?
