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Perception of Deception

By Sheila Millar on January 15, 2015
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In the advertising world, we know that deception lies in the eyes of the beholder.  Agencies like the Federal Trade Commission (FTC), or self-regulatory bodies like the National Advertising Division (NAD), legally stand in the shoes of the consumer, in the absence of consumer perception studies.  In private litigation, however, the question of consumer perception ‒ whether consumers are actually mislead by an advertising claim ‒ is at the heart of many false advertising cases, and the role of consumer perception studies is different.  In the case of lawsuits by individuals attacking advertising and labeling claims, a recent ruling in California’s “food court” suggests that consumer perception studies likely will be necessary to demonstrate that consumers were actually mislead by claims on food labels. 

While the proliferation of false advertising claims targeting the food industry in California makes  this decision  especially important for food companies, the notion that consumer perception studies are necessary to support a false advertising claim has broader relevance to advertisers, regardless of their industry sector. Click here for an update from the Keller and Heckman Food Litigation team.

Photo of Sheila Millar Sheila Millar

Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has…

Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has been involved in a variety of audit and compliance projects, including, among other issues, privacy and data security audits, and is experienced in providing crisis management legal support to a variety of national and international companies and associations.

Ms. Millar is a frequent speaker on regulatory and public policy matters, and has authored many articles. Ms. Millar is one of the vice chairs of the International Chamber of Commerce (ICC) Marketing and Advertising Commission, and chair of its Working Group on Sustainability, where she spearheaded the development of the ICC Framework Guides on Environmental Marketing Claims.

Ms. Millar is AV® PreeminentTM Rated by Martindale-Hubbell and for the eigth consecutive year was selected by her peers for inclusion in The Best Lawyers in America® 2018 for her work in practicing Advertising Law. She has also received the distinguished honor of Advertising Law “Lawyer of the Year” 2014 in Washington, DC by Best Lawyers®, and was awarded Advertising and Marketing Lawyer of the Year USA by Finance Monthly for their Finance Monthly Global Awards 2017.

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  • Posted in:
    Business and Commercial
  • Blog:
    Consumer Protection Connection
  • Organization:
    Keller Heckman
  • Article: View Original Source

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