When should you consult with a deceptive advertising expert? Deceptive advertising and false advertising expert witnesses evaluate the use of confusing, misleading, or untrue claims made by manufacturers in the promotion of their products. These experts are well informed on state and federal laws protecting consumers from deceptive product claims, especially those that could be harmful to consumers.
In a recent case, the plaintiff alleged that the word “diet” in a carbonated soft drink brand name violated California’s false advertising and consumer fraud statutes. Plaintiff alleged that the company falsely promised that their product would assist in weight loss. The 9th U.S. Circuit Court of Appeals 3:17-cv-05921-WHO ruled that calling a soft drink “diet” does not promise weight loss.
The panel affirmed the district court’s dismissal of plaintiff’s third amended complaint alleging that the carbonated soft drink brand violated various California consumer-fraud laws by branding the soft drink with the use of the word “diet.” The panel held that the allegations in the complaint failed to sufficiently allege that reasonable consumers read the word “diet” in a soft drink’s brand name to promise weight loss, healthy weight management, or other health benefits. In upholding a lower court’s dismissal of her suit, the panel also dismissed the Plaintiff’s argument that the use of “attractive, fit models in the ads implies that the carbonated soft drink will help its consumers achieve those bodies.”
Judge Jay Bybee opined that “No reasonable consumer would assume that the soft drink’s brands use of the term ‘diet’ promises weight loss or management.”
False advertising experts analyze whether a company used deceptive practices in the product description, pricing, product comparison, and/or the guarantee or warranty. ForensisGroup has placed experts in over 30,000 cases nationwide. Contact ForensisGroup to retain a highly-qualified expert witness suited to the fact pattern in your case.