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; (2) the statement either deceives or has the potential to deceive a substantial portion of its targeted audience; (3) the deception is also likely to affect the purchasing decisions of its audience; (4) the advertising involves goods or services in interstate commerce; 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.
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1124853/
deception (bedrog) deceptive (bedrieglijk)
http://legal-dictionary.thefreedictionary.com/False+Advertising
Effects of the 2003 advertising/promotion ban in the United Kingdom on awareness of tobacco marketing: findings from the International Tobacco Control (ITC) Four Country Survey http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2593060/
Lanham act cases
http://www.kelleydrye.com/practices/advertising_marketing/lanham_act/42
critics aimed at drug industry for misleading ads
The Essay on Advertising Statement
Rosser Reeves was the one who invented the term “USP”. The Unique selling proposition is sometimes referred to as “product difference.” In rare cases, some products or services have a unique and impressive proposition/benefit. A unique selling proposition is the ultimate proposition because its one that no other competitor can claim. It has to be something that you could also sell from. The ...
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1124853/
FDA overview: misleading claims in ads
http://www.bvsde.paho.org/bvsacd/cd57/gahart.pdf
misleading drug ads (ethics in pharmaceutical advertising)
http://www.ncbi.nlm.nih.gov/pubmed/8477540
a limit to the advertising misinformation effect on memory
http://www.jstor.org/discover/10.1086/383438?uid=3738736&uid=2&uid=4&sid=21101534852463
the cognitive processing of misleading advertisements in young and old adults http://www.jstor.org/discover/10.2307/2489241?uid=3738736&uid=2&uid=4&sid=21101534852463
