Proof of actual deception is required for an advertising to be considered false under Section 5 of the Federal Trade Commission (FTC).

Question

Quizplus · Accepted Answer

Under Section 5 of the Federal Trade Commission Act, advertising is considered false if it is likely to mislead consumers acting reasonably under the circumstances and is "material" (i.e., important to a consumer's decision to buy or use the product). Actual deception is not a requirement; the potential to deceive is sufficient.

Proof of Actual Deception Is Required for an Advertising to Be