How False Advertising Leads to Consumer Harm

It seems like everywhere you turn; you see an advertisement. From bulletins, online pop-ups, and TV commercials, we are constantly bombarded by someone trying to sell us a product. While there may be no escaping the constant propaganda that we are constantly faced with, misleading or false information can place the safety and health of consumers in jeopardy. If you or someone you know has been harmed by false advertising, our Pennsylvania personal injury lawyers are here to discuss your legal options.

Food Labeling

Updated FDA labeling regulations now require food manufacturers to disclose if allergens are used as processing aids. Products that were originally marketed as being gluten-free have updated their packaging to include a “Contains Wheat” warning. Even if wheat is not contained in the final product, if wheat is used during any part of the production process, it must be specified on the label. For a person who is highly sensitive or allergic to wheat or other allergens, previous labeling could have placed the consumer’s health and safety at risk.

Federal Trade Commission Monitors Truth in Advertising

False advertising poses more than a risk to a person’s health, preying on vulnerable consumers. The FDA has identified several issues with compounded versions of weight loss drugs, including improper storage during shipping and false information on the product label. Thankfully, the Federal Trade Commission (FTC) protects consumers against deceptive or fraudulent practices. If the FTC determines that a company has committed an unfair or deceptive act, the agency will send a Notice of Penalty Offenses. If a company continues to take part in deceptive practices, the FTC will impose a civil penalty of $50,120 per violation.

Financial Losses & Wasted Time

While physical harm and mental health disorders are readily apparent, some injured parties may not pursue damages. For example, a person who does not lose weight after purchasing a counterfeit weight loss product may choose not to recoup the money lost. Instead, the person finds themselves still trying to lose weight, but this time doing their research before spending money on another fad. These financial losses are only intensified by the time wasted, keeping you from pursuing more advantageous avenues.

Emotional Harm & PTSD

In other situations, no financial damages may have been involved. A prime example would be a person who is allergic to nuts but eats a product that does not specify that nuts were used in the production process. Depending on the severity of the nut allergy, the individual’s airway may constrict. If epinephrine (EpiPen) is not administered immediately, asphyxia will occur.

If the individual chooses not to go to the ER, no financial damages will have occurred. However, the person may experience post-traumatic stress disorder (PTSD). PTSD is characterized by nightmares, panic attacks, flashbacks, and insomnia. Although PTSD can be difficult to prove, a company that has inflicted such harm on an individual should pay for their wrongdoing.

Erosion of Trust

When a company resorts to false advertising, this erodes the trust that a consumer may have in their product or brand. The consumer may look elsewhere to get the items they need and even deter others from making purchases with the company. Whether it be on the internet or in person, word travels fast. Over time, public confidence may decline, with individuals considering other brands to satisfy their needs. While a company may issue a public statement to redeem itself, negative publicity is hard to overcome.

Victim to False Advertising? Contact Our Pennsylvania Personal Injury Lawyers Today

A brand that experiences negative feedback will be hard-pressed to restore the public’s trust. If you have been impacted by misleading or deceptive information, our Pennsylvania personal injury attorneys would like to speak with you. Our team of legal professionals can assess the facts of your case to determine if you are eligible for damages. To schedule your free consultation, contact HGSK Injury Lawyers online or by calling (267) 551-8782 at your earliest opportunity.