False Advertising

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Under Section 43(a) of the Lanham Act, a claim can be made against a defendant for false or misleading advertising. For a claim against a defendant for false advertising, the following elements are met and the plaintiff must show: (1) defendant made false or misleading statements as to his own products (or another’s); (2) actual deception, or at least a tendency to deceive a substantial portion of the intended audience; (3) deception is material in that it is likely to influence purchasing decisions; (4) the advertised goods travel in interstate commerce; and (5) a likelihood of injury to plaintiff. However, the plaintiff does not have to prove actual injury.