Can I sue a company for deceptive advertising in California?

What the Law Says

California prohibits deceptive, false, or misleading advertising through two main statutes: the False Advertising Law (FAL) and the Unfair Competition Law (UCL). These laws empower consumers and the Attorney General to take legal action against businesses that mislead the public.

The False Advertising Law (Business and Professions Code § 17500) makes it unlawful for any person, firm, or corporation to disseminate an advertisement containing a statement that is untrue or misleading to consumers. It applies to all forms of advertising — print, digital, broadcast, and social media.

The Unfair Competition Law (Business and Professions Code § 17200) broadly prohibits 'unlawful, unfair or fraudulent' business practices — including deceptive advertising — and allows lawsuits by private citizens, the Attorney General, or local prosecutors.

Under the FAL, a plaintiff may recover actual damages or a civil penalty of $1,000 per violation, whichever is greater. The UCL does not provide for statutory penalties in private actions but permits injunctive relief and restitution.

Statutory Text

It shall be unlawful for any person, firm, or corporation, or any employee thereof with intent directly or indirectly to dispose of real or personal property or to perform services, professional or otherwise, or anything of any nature whatsoever or to induce the public to enter into any obligation relating thereto, to make or disseminate or cause to be made or disseminated from this state, before the public in this state, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or in any other manner or means whatever, any statement concerning such property or services, professional or otherwise, or concerning any circumstance or matter of fact connected with the proposed performance or disposition thereof, which is untrue or misleading and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading.

— Bus. & Prof. Code § 17500 — False advertising

Statutory Text

Unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising...

— Bus. & Prof. Code § 17200 — Unfair competition defined

What Courts Have Said

California courts have consistently held that deceptive advertising claims require proof that the challenged statement is likely to mislead a reasonable consumer — not that every individual was actually misled.

What to Do

Sources