How To Sue For False Advertising

Consumers often look into how to sue for false advertising when a company makes a false, misleading, or unproven claim to market a product.

KAPIN PLLC commercial litigation New York CityRecently in the news, a woman was suing Dr. Pepper Snapple Group, Inc., the parent company of Canada Dry, who are the makers of Ginger Ale for committing false advertising because the product ingredients list did not include actual ginger, despite it marketing itself as “made from real ginger.” She further argues that claiming the drink has actual ginger in it has made consumers believe it was a healthier alternative to soda.

While a company can be creative with their advertising they cannot outright lie or be dishonest. Consumers can potentially claim damages if the false advertising a company uses compels them to purchase their products.

Consumers place a lot of trust in companies when they purchase their products based on the company’s advertising. Much of the claims companies make are not claims consumers can very for themselves. For example, the woman suing Canada Dry can only see what ingredients are plainly listed on the drink’s label.

In order to sue for false advertising you must ask yourself a few questions. Did you purchase the product based on the company’s marketing claims? Do you have a receipt? Does your claim have to do with a product’s price, quality or purpose? Did you suffer monetary loss or any damages as a result of the product? Have you consulted with an attorney experienced with false advertising claims?

You may be not only entitled to compensation, but you may also have a case for halting a company’s particular use of advertising.

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