What counts as false advertising under New York law?

What the Law Says

New York’s primary false advertising law is General Business Law (GBL) § 350, which prohibits deceptive acts in the conduct of business, trade, or commerce.

GBL § 350 makes it unlawful to use 'any false or deceptive act or practice in the conduct of any business, trade or commerce or in the furnishing of any service.' This applies broadly — to ads, labels, websites, social media, and even oral statements to consumers.

The law covers not only outright lies but also misleading omissions, half-truths, and representations that are technically true but likely to deceive a reasonable consumer. For example, claiming a product is 'all-natural' while containing synthetic preservatives may violate § 350 if that claim materially influences purchasing decisions.

Violations can be pursued by the New York Attorney General or by private individuals who suffer actual injury. The statute allows for injunctive relief, restitution, and civil penalties up to $5,000 per violation.

Statutory Text

Deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful.

— General Business Law § 350 — False advertising

Statutory Text

Any person who has been injured by a violation of this section may bring an action... to recover his actual damages...

— General Business Law § 350-e — Private right of action

What to Do

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