• False Advertising and Consumer Protection: Key Issues and Dangers
  • December 23, 2003 | Author: Hugh Latimer
  • Law Firm: Wiley Rein LLP - Washington Office
  • There are several different false advertising/consumer protection regimes that should be of concern to advertisers in the United States. Each of these regimes has its own rules and procedures as to who may sue, burden of proof requirements, evidentiary requirements and the type of relief that may be obtained. While all of these regimes subject advertisers to possible liability, recently the greatest danger and exposure have come from the significant increase in enforcement actions by State Attorneys General and by the even larger increase in cases brought by consumers, particularly class actions, under state consumer protection laws.