False advertising can be reported to government agencies, consumer advocacy organizations, professional organizations, or through a lawsuit. Untruthful or unsupported claims and unfair advertising can be reported. Complaints can lead to regulatory action or legal action.
There are several avenues for reporting false advertising, depending on the nature of the advertising and where it is being performed. Numerous government agencies and offices accept advertising complaints, as do consumer advocacy organizations. It is also possible to file a lawsuit in some cases, in which case a lawyer can review your options and discuss whether a lawsuit would be feasible. Another resource can be professional organizations or councils.
Advertisements may be considered false if they are untruthful or unsupported by evidence. Unfair advertising may also be reported; companies that believe a competitor is using advertising of a prejudicial nature can file complaints. For example, a paper towel manufacturer might claim that a television campaign unfairly vilifies their product in favor of a competitor.
One option for reporting false advertising is to speak with a representative of a government agency such as the Federal Trade Commission or the Food and Drug Administration in the United States. If a government agency regulates advertising, it usually has the power to accept and process complaints. Similarly, a state attorney general’s office can be an asset in the United States. Some municipalities also accept complaints about local advertising.
Another option is a consumer safety or advocacy organization. These organizations compile false advertising statements and may submit them to regulators or use them in reporting on various companies they control. If a consumer wishes to report misleading advertising to such organisations, it is important to be aware that no direct regulatory action will result. It is possible that long-term complaints could lead to legal action or similar.
People can also report false advertising to professional organizations. Members of professional trades often belong to groups such as the bar association for advocates. These organizations take reports on their members’ activities and can sanction members who do not comply with the law or their own internal standards. Evaluation organizations, such as charity evaluation groups and the Better Business Bureau, use complaints to evaluate the organizations they monitor and may accept complaints about false advertising.
Another way to report false advertising is through a prosecution in a courtroom. Lawyers can discuss the nature of an advertisement with a client and determine whether a lawsuit is possible and what types of damages could be awarded. An attorney may recommend a lawsuit to someone seeking a specific remedy, such as a client who wants compensation for a product purchased as a result of false advertising or a company that has lost business due to an unfair competitor’s ad.
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