Can a company use deceptive advertising to trick me into buying a product?

What the Law Says

The Federal Trade Commission Act is the primary federal law that bans deceptive advertising in the United States.

Under 15 U.S.C. § 45, it is illegal for any person, partnership, or corporation to 'use unfair or deceptive acts or practices in or affecting commerce.' This includes false or misleading statements in ads, omissions of key facts, or representations that are likely to mislead reasonable consumers.

The law empowers the Federal Trade Commission (FTC) to investigate complaints, issue cease-and-desist orders, impose civil penalties, and require refunds to harmed consumers. Violations can result in fines up to $43,792 per violation, adjusted annually for inflation.

A practice is 'deceptive' if it contains a representation, omission, or practice that is likely to mislead consumers acting reasonably under the circumstances — and the deception is material, meaning it affects the consumer’s decision to buy.

Statutory Text

Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.

— 15 U.S.C. § 45 — Unfair methods of competition unlawful; prevention by Commission

What to Do

Sources