The modern world sometimes seems like it runs on marketing. Companies of all sizes are trying to get your attention and convince you to buy their products. In such a competitive environment, the practice of false advertising can start to look pretty appealing to businesses looking for an edge.
False advertising is marketing a product with misleading or blatantly false claims to convince people it’s a better option than the competition. The general practice has been illegal in the US since the creation of the Federal Trade Commission (FTC) in 1914. Companies that lie or mislead people about their products can face lawsuits from customers who were deceived into buying the product.
However, if false advertising were obvious, it wouldn’t be so successful. You can learn how to spot future suspicious claims by studying past false advertising scandals. These three examples demonstrate some of the most common ways companies perform false advertising and how you can avoid them.
L’Oreal: Used Phrase “Clinically Proven” Without Actual Studies
The most blatant kind of fraudulent advertising occurs when a brand simply lies. The makeup brand L’Oreal faced significant fraudulent advertising charges in 2014 regarding its claims that its Lancôme Génifique and L’Oréal Paris Youth Code skincare products were “clinically proven” to do certain things. The brand has advertised these lines as being proven to “boost genes” and make skin look “visibly younger” in just a week.
However, the brand had done no studies regarding its products’ abilities to do those things. Furthermore, the phrase “boost genes” is a nonsense marketing line that could not be proven in the first place. When the FTC stepped in, the brand was banned from using any anti-aging claims or the phrase “clinically proven” without substantial and reliable scientific evidence.
L’Oreal’s claims are a classic example of how health-based brands often exaggerate or actively lie about their products’ abilities. Many companies use “scientific” claims to make their products seem more appealing. However, unless these claims are backed up by genuine research, they’re considered false.
The Takeaway: When you’re considering a product, it’s best not to take the advertising and packaging at its word. Any product can label itself “clinically proven,” at least until the FTC steps in and makes the brand stop. If you’re looking for something that’s actually been proven to succeed, do your own research. Look for independent, peer-reviewed studies that prove the product actually works. If there aren’t any such studies available, the product probably isn’t as effective as it claims.
Airborne: Falsely Claimed Supplement Wards Off Germs
Another example of misleading health advertising comes from the dietary supplement brand Airborne. The brand has a long history of health claims. For years, Airborne’s entire marketing campaign rested on the idea that it “warded off” germs and boosted your immune system. However, the brand hadn’t actually performed any studies to demonstrate that its products did any such thing.
That’s when the Center for Science in the Public Interest got involved. This public interest group sued Airborne for making false claims about the product’s abilities. The resulting class-action lawsuit led to Airborne settling out of court and paying more than $23 million to affected consumers.
Airborne’s misleading statements were slightly less blatant than L’Oreal’s. They were not using explicit language that was easily falsifiable. However, they were still making factual claims that couldn’t be backed up by science. That’s equally misleading since it may lead you to buy something on the assumption that it’s proven to work.
The Takeaway: If marketing language seems vague, it may be hiding the fact that the product doesn’t actually do anything. You should do your research to learn how the product accomplishes its claims, especially if the product seems “too good to be true.” Make sure you check sources beyond the manufacturer to get unbiased research. This can help you avoid buying a product that uses unregulated terms to imply things it can’t actually do.
Volkswagen: Actively Faked Emissions Standards
Even if you do your research and watch for scams, you may not be able to spot every false advertising claim. Companies that are genuinely dedicated to misleading consumers will go to dramatic lengths to cover up their deception.
A recent example is the Volkswagen emissions scandal. Volkswagen developed an entire marketing campaign around its line of diesel vehicles claiming that they were “clean diesel.” The campaign relied heavily on emissions test results that demonstrated the cars’ supposedly low levels of pollutants.
However, in 2016 it was found that Volkswagen had fitted the entire line of cars with “illegal emission defeat devices designed to mask high emissions during government tests,” according to the FTC. There was no way for the average consumer to know that the tests were fraudulent until the FTC investigation went public.
Once the fraud was discovered, the FTC forced the company to compensate consumers who had bought the cars assuming they were environmentally friendly. The manufacturer ended up offering full compensation packages to the 600,000 US Volkswagen owners affected by their deception.
The Takeaway: Sometimes, companies will not only actively lie about their products but also perform fraud to support their claims. You may not be able to spot these in advance, even if you do your research. If you have been taken in by one of these dedicated deceptions, your best option is to join a false advertising class-action lawsuit about the product.
Don’t Get Taken In by Misleading Marketing
There are plenty of businesses that will do anything to make a sale, including lying to their customers. By doing your research and distrusting any claim that seems too good to be true, you can often avoid falling victim to deceptive advertising.
Still, as Volkswagen has proved, some companies are so dedicated to their lies that even educated consumers can get taken in. If that has happened to you, you can still fight back with a false advertising lawsuit. You can learn more about standing up to deceptive companies by scheduling your consultation with a false advertising lawyer today.
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