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Jeffrey Gitchel Speaks Out About False Advertising Law

According to Jeffrey Gitchel, the law takes a firm stance against false advertising.

PITTSBURGH, PENNSYLVANIA, UNITED STATES, October 9, 2020 /EINPresswire.com/ -- In a recent Newswire article, Jeffrey Gitchel provided insight into false advertising law. He also shared guidance on how to comply with the law’s requirements.

Mr. Gitchel is an attorney from Pittsburgh with 20 years of experience. Throughout his career, he has handled a variety of marketing matters, including false advertising and trademark cases.

In the article, Mr. Gitchel first explained that advertising and advertising law covers a broad array of statements and materials, and not just communications typically labeled as advertising like commercials or print ads.

He further explained that advertising may not include false or misleading statements or, even, omissions. However, because advertising laws exist at both the federal and state level, he said that there is no single definition of false advertising. For example, the Federal Trade Commission says that advertising is deceptive if it contains a misrepresentation or omission that is likely to mislead a consumer acting reasonably under the circumstances, but other federal and state laws have different takes on what makes advertising false.

Mr. Gitchel suggested support and transparency as guiding principles that can help businesses navigate the dangerous waters of false advertising. Claims that can be substantiated and that are clear in scope are less likely to be challenged successfully.

Finally, Mr. Gitchel highlighted two foreseeable risk areas for business.

“Comparative claims raise special concerns because they virtually demand that competitors review the claims closely. Even a small error can invite an allegation of false advertising, which a competitor might characterize as ‘lying to consumers,’” said Mr. Gitchel. To prevent and rebut such allegations, he said that it is especially important that comparative claims be truthful and clear, measurable, and supported by up-to-date data.

He also noted that wording matters, as poor wording can change a legitimate and good faith claim into false advertising. “An absolute statement, like ‘always’ or ‘never,’ can often be contradicted easily, while an open-ended claim that a product is ‘superior’ or ‘the ultimate’ invites manufacturers of all possible comparable products to challenge the claim. Careful wording can allow strong advertising to remain legally compliant,” said Mr. Gitchel.

About Jeffrey Gitchel

Jeffrey Gitchel is a seasoned litigation attorney with 20 years of experience handling civil lawsuits and various business matters such as corporate governance, trademarks, and commercial transactions. He began practicing law at K&L Gates before moving on to serve as senior counsel at Bayer Corporation.

For more information about Jeffrey Gitchel, please visit: https://jeffreygitchel.com/

Jeffrey Gitchel
Litigation Attorney
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