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Misleading advertising is a similar feature in today’s market where entrepreneurs use illegal means to try to gain competitive advantage or generate profits. In this particular case, Nicholas Scott Congleton misleadingly advertised Pure His Green His coffee for weight loss through NPB and other web companies. Congleton has been accused of publishing or causing the publication of unsubstantiated or false claims about efficiency, fraudulent claims about facilities, testimony and news websites. A product may mislead consumers with its claims of efficacy when it claims to have certain benefits, which is not true. I promised I would lose a significant amount of weight by doing so. 70 pounds within 22 weeks, 17 pounds in 12 weeks, 16% of body fat within 22 weeks, 16% body fat in 12 weeks, 20 pounds in four weeks, 28 pounds in nine weeks, and around one or two inches of belly fat within a month.
The United States district court judge made the decision in which Congleton was to turn over $30 million. He was charged against deceiving customers utilizing deceptive weight-loss claims, fake testimonials as well as false news websites. With the assistance from the Federal Trade Commission, Congleton was also barred permanently from conducting similar deceptive advertising.
Congleton’s move to provide information that was too good to be true was the major focus of deceptiveness that could be avoided. The individual exaggerated the impacts of the Pure Green Coffee thus deceiving consumers into purchasing the product. The nature of exaggeration attracted attention from the FTC, which could be avoided by conducting honest advertisement of what the product actually does. Furthermore, Congleton based his marketing on a science experiment, which he neither understood nor saw; hence, he had no grounds to substantiate the claims. As such, it is vital to venture in what he comprehended before enticing the consumers (NPB Advertising, Inc., et al., 2016).
The individual could read extensively on what constitutes deceptive advertising. In this case, Congleton did not have adequate facts and even cited the first amendment and lack of evidence implying that his company had deceived the customers. It worth noting that even without consumer complaints, the products can be termed deceptive if they do not achieve the prospected targets. Therefore, Congleton needed to have substantial of the elements entailed in deceptive advertising and the respective consequences.
NPB Advertising, Inc., et al., 132 3116 | X140025 (Middle District of Florida November 14, 2016).
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