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Old 02-09-2013, 07:50 PM   #21
Anton
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Location: Staten Island
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Quote:
Originally Posted by Bartelby View Post
The legal term for BS is 'puffery': obvious nonsense that the law should not penalize.
Speaking of legal..

False Advertising:

To establish that an advertisement is false, a plaintiff must prove five things: (1) a false statement of fact has been made about the advertiser's own or another person's goods, services, or commercial activity;

Check.

(2) the statement either deceives or has the potential to deceive a substantial portion of its targeted audience;

Yep.

(3) the deception is also likely to affect the purchasing decisions of its audience;

Yes, racket companies know this well.

(4) the advertising involves goods or services in interstate commerce;

Yes.

and (5) the deception has either resulted in or is likely to result in injury to the plaintiff. The most heavily weighed factor is the advertisement's potential to injure a customer. The injury is usually attributed to money the consumer lost through a purchase that would not have been made had the advertisement not been misleading. False statements can be defined in two ways: those that are false on their face and those that are implicitly false.

Maybe?

Shmels illegal to me.
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Last edited by Anton : 02-09-2013 at 08:09 PM.
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