Amazon False Claims

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Each day American consumers are inundated with advertisements claiming that one product or another is the best on the market. Some even lead us to believe their product is as good as their well-known competitor’s brand, seeking to profit off their notoriety. That is what Apple claimed Amazon Inc. did when they launched their “Appstore”. The lawsuit between the two giants was settled thru the legal system, but it left a thought-provoking question lingering in the minds of the American consumers. There is specific criteria and distinct statues that must be preached to constitute false advertisement thus making prosecution difficult. Criteria To determine that an advertisement if false or misleading, a plaintiff objection must meet certain criteria. A false claim must have been made by the advertiser about its own good, services, or commercial activity. The statement must deceive or have the capability to deceive a significant portion of the intended consumer base. The misrepresentation must be likely to affect the purchasing decision of the intended customer base. The deceptiveness has either caused injury to the plaintiff or has the potential to inflect injury. The injury suffered is often …show more content…

The failure to disclose, product disparagement, and flawed and insignificant research all constitute false advertising (False Advertising, n.d.). Advertisements can be considered misleading if they contain misstatements or partially correct statements that fail to disclose something that the consumer should know. Product disparagement is when one advertisement maligns a competitor’s product. Advertisers boasting claims that have not been validated can be faulted for flawed advertising for failing to the research and test necessary to substantiate their claims (Advertising FAQ's: A Guide for Small Business,

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