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Hofstra Law Review

Abstract

If allowed to go unchecked, false and misleading advertising may merely induce a consumer to spend a bit more money on a product than he would have, had he known the truth. However, the problem may take on dimensions of much greater proportions for the individual consumer if an unsafe product is advertised as being safe, or if an unsafe utilization of a product is portrayed. A consumer may then rely on the demonstrated safety of a product or of a particular use of a product and may consequently suffer serious physical harm. The problem may be particularly acute where advertising directed at children is involved. In any instance, the potential for injury would seem to impel the creation of means for stopping this type of misleading advertising. In such situations, these questions arise: What sanctions can be enforced against the advertiser who represents the use of his product in a manner claimed to be safe, when such use actually presents a danger to the consumer? How can the consumer be protected from being misled by such advertising?

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