To determine whether advertising is misleading, California’s courts evaluate the advertisement’s entire impression, including words, images, format and product packaging. Courts have held that advertising is misleading if “members of the public are likely to be deceived.” However, because of Proposition 64, the plaintiff now has to show that they were actually misled by the advertising and suffered an injury as a result. To further complicate matters, the courts are split on whether “omissions of material facts” that mislead or confuse the public violate the UCL.To prove a violation under the fifth definition, the plaintiff must show that section 17500 was violated. This “sweep up” provision ensures that any acts mentioned in section 17500 also violate section 17200 and that the plaintiff receives remedies under both statutes
Posted on: Wed, 19 Jun 2013 02:24:44 +0000
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