False advertising is not a new cause of action. However, the Internet has increased the number of means through which misleading advertising can be perpetrated. In particular, fake blog-style websites, also known as flogs, are becoming common on the Internet. Often containing fabricated testimonials or enticing but unsubstantiated claims, these flogs are one of the most prolific ways that third parties advertise and monetize their products or services. Internet lawyers should take note of this growing practice and be in a position to advise both advertisers and consumers in this regard.

For one thing, Internet attorneys must inform advertising clients that scourges may expose them to civil and/or criminal liability under federal advertising laws and FTC Rules, including the recently enacted Part 255 Guidelines. While truthful advertising, legitimate testimonials, and proper disclosure of material connections and other information, for example, can help reduce the likelihood of false advertising liability, understanding the intricacies of the law and the limits is now more important than ever. . Otherwise, advertisers are likely to be subject to increased lawsuits for flogging, misleading ads, and false advertisements on the Internet.

On the other hand, it is also important that consumers who may have been misled to purchase goods or services in light of these scourges or other false advertisements understand that a remedy may be available to them. The reality is that consumers, when presented with ads, more often than not click on them and consider them when making a purchase decision. The resulting damage may warrant a lawsuit. Similarly, the FTC constantly seeks to protect consumers from harmful advertisements that could harm the public.

Ultimately, inappropriate endorsements, celebrity or otherwise, unsubstantiated product claims and other misrepresentations can lead to significant legal and financial exposure. Businesses wishing to advertise on the Internet should consult with an Internet attorney who can provide information on the use of testimonials, the need to disclose, and practices to avoid to mitigate the likelihood of a false advertising claim or investigation by the Internet. of the FTC. An advertisement can certainly generate significant revenue, however, it must be presented in a legal and proper manner to ensure that any revenue derived from it is not ultimately awarded as damages in a lawsuit. So, as tempting as whipping can be for advertisers and consumers alike, truth in advertising remains paramount.