Fresno, CA asked in Consumer Law and Elder Law for California

Q: Is a lawsuit the only way to get an advertisement changed so that it is not so manipulative? The ad did not affect me...

It is directed to the elderly community and should not state things in such an absolute manner. The ad says "... You will lay on the floor for hours..." Without our said product. That is unfair to say to people, as it is not a true statement. It could happen, but is not definitely going to happen, without their product. And the elderly should not be manipulated to believe this statement is true.

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you're concerned about an advertisement targeting the elderly community that seems manipulative or misleading, a lawsuit isn't your only option.

First, consider filing a complaint with the California Department of Consumer Affairs. They handle consumer complaints and can investigate misleading advertising practices. This could lead to action against the company if the ad is found to violate advertising standards.

You can also contact the Better Business Bureau (BBB). They mediate between consumers and businesses and work to uphold ethical business practices. A complaint through the BBB can sometimes result in the advertisement being altered or removed.

Another option is to reach out to the Federal Trade Commission (FTC). The FTC enforces laws against deceptive advertising on a national level. They take complaints seriously, especially those that target vulnerable populations like the elderly.

Remember, your voice as a consumer or concerned citizen can be powerful. Expressing your concerns through these channels can initiate change and protect others from potentially misleading or harmful advertising practices.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: You could reach out to consumer rights agencies to express your concerns about the nature of the wording. Good luck

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