Cause substantial consumer injury

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Reference no: EM133903985

Question

An ad can be unfair since it can cause or is likely to cause substantial consumer injury which a consumer could not reasonably avoid, especially since it's not outweighed by the benefit to consumers. However, the consumers are the ones that are also hurt by deceptive advertising. This is because to sell their products, advertisers try to make them look as good as possible. This can involve the use of puffery and weasel words such as "better", "best", "greatest", and "finest". Unfortunately, the information used is not intended to be factual, thus creating deceptive advertising. That's why when an ad targets a specific audience, the court assesses the effect of the claim or practice on reasonable members of the targeted group. The courts have established that some people are particularly vulnerable to deceptive advertising and deserve special protection. For instance, if a company markets a cure to the terminally ill, the practice will be evaluated from the perspective of how it affects an ordinary member of that group. Although by the same token, if the same product is being promoted to well-educated doctors, it would be judged in light of the knowledge and sophistication of that group.

Reference no: EM133903985

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