Deceptive Marketing Examples 

Class action consumer protection lawsuits have been filed against a wide range of companies across several industries that aim to deceive American consumers.

A successful false advertising claim may be filed by plaintiffs and their deceptive advertising lawyer to hold corporations liable for their widespread deception. The Lyon Firm handles cases in the following practice areas:

• Supplement Mislabeling
• Mislabeled Cosmetics
• Deceptive Food Marketing
• Stem Cell Fraud
• Private Placement Fraud
• Dating Site Fraud
• Mortgage Fraud

Greenwashing & False Eco-Friendly Claims

With millions of consumers now concerned with climate change and other critical environmental issues, corporations have begun taking advantage of their preferences for more sustainable packaging and products. Unfortunately, many of the claims companies have placed on labeling and advertising campaigns have been misleading and false. 

What is greenwashing? This term describes when a company spends more money and resources on marketing themselves as eco-friendly than on actually implementing real changes to make their business practices more sustainable and environmentally beneficial. 

The practice is so widespread that even oil and gas companies, arguably the largest polluters on Earth, have engaged in massive greenwashing PR campaigns. There are limits, however, to how far this eco-friendly advertising can go without violating state and federal laws.

Some of the largest companies in the world have been sued for misleading the public with deceptive marketing campaigns, including the following:

• Coca-Cola: Despite being the largest plastic polluter in the world–thanks to a wide range of bottled beverages sold around the globe–the company claims it is a champion of sustainability.
• Nestle: Another large plastic polluter, Nestle, has made claims about creating fully recyclable and reusable packaging but has not mentioned any timeline. Such claims are a classic case of greenwashing PR that may violate fair marketing statutes.
• BP & Exxon Mobil: These oil giants continually tout their environmentally friendly technology, like solar and biofuels, but experts say they clearly have no plans to transition into a cleaner business model unless it becomes as profitable.

Deceptive Food Marketing

The largest food and beverage companies in America, including organic food companies, spend billions of dollars to market products to the public each year. Many of these products are damaging to consumers’ health, though they are marketed in a much different light.

Some of the most unhealthy food and drink products are marketed as “natural,” though they still contain high amounts of preservatives, sodium, and sugar.

There are many major products that fall into deceptive marketing examples, including: 

• Soda and sweetened beverages
• Sugary cereals
• Baked goods
• Snacks
• Bread
• Soup
• Yogurt
• Salad dressing

Under federal and state law, it is illegal to engage in deceptive marketing. While such laws exist, deceptive marketing statutes are regularly violated, mostly due to a lack of enforcement.

American consumers are bombarded with advertisements each and every day and should not be expected to filter true and honest marketing from deceptive campaigns.

Food mislabeling has been a hot topic in recent years, and several lawsuits have been filed against large brands, like Kellogg’s Cheez-It “whole grain” claims, and LaCroix water’s “all-natural” claims.

The U.S. Food and Drug Administration (FDA) has stated that “natural” means “nothing artificial or synthetic, including all color additives.” Unfortunately, food companies are using terms like “organic” and “natural” in an irresponsible way to sway consumers toward a product that is not exactly healthy.

The Dangers of False Food Advertising On Children

In 2013, General Mills Inc. settled a lawsuit over their Fruit Roll-Ups snack food over allegations of deceptive food marketing. A California federal judge ruled against the food giant, stating the marketing claim “made with real fruit” incorrectly described the product.

This is only one example of food and beverage companies misleading consumers with unhealthy and potentially damaging products. The top food and beverage companies in the United States, including the organic and natural food companies, spend billions of dollars each year in advertising, much of it full of untruths.

Marketing unhealthy products to children is not only unethical but also illegal deception because a child cannot understand how marketing works. One high-profile lawsuit has been filed against McDonald’s directly challenging their marketing tactics to children with their Happy Meals, which include a toy with their fast food.

Children are targets of about 25 percent of the food industry’s advertising budget. Research has shown that children are vulnerable to sugary food advertising and are unaware that they are even being marketed to.

Foods marketed to children are predominantly high in sugar and fat and ignore any reasonable dietary recommendation. With an obesity problem in the youth today, food companies have a responsibility to refrain from deceptive marketing to the young, vulnerable population.

Yet, food marketers are most interested in youth as current young consumers and as future adult consumers. Advertisers reach the youth through television advertising, in-school marketing, product placements, and websites.

Mislabeled Food & False Advertising

The organic food industry, in particular, preys on the fear of consumers. Food marketing campaigns commonly use terms like the following:

• Farm Fresh
• Natural
• Naturally sweetened
• Organic
• Healthy
• Gluten-free

But these words appear on the packaging of many processed, unhealthy foods. Some companies also pad ingredient lists with tiny amounts of nice-sounding ingredients.

A “fruit product” may not contain any fruit at all. Even juices labeled “100% natural” may not even be more nutritious than a soda. Some of the lowest quality products called “juice” hardly contain any fruit juice at all.

Food and drink companies often mislead consumers with the following deceptive tactics:

• Companies take an established brand that has long been low in sugar and market new, sweeter versions of the brand. Breakfast cereals are good examples of this tactic.
• Companies use words usually associated with health or fitness to market sugary products. Even though marketed as healthy, multiple sports drinks are full of sugar.

“Natural” and “Organic” Foods

The majority of people believe that organic foods are healthier than food grown using conventional methods. Because of this, the organic and natural products industry is worth an estimated $63 billion worldwide. But is it worth it?

One Stanford University study concluded there is no evidence that organic foods are more nutritious, nor do they lead to better health for consumers. The study’s lead researcher, Dena Bravata, wrote, “There isn’t much difference between organic and conventional foods.”

Studies indicate that most organic farmers also use pesticides. Statements by the Organic Trade Association admit that an “organic label” does not always ensure a “safer product.”

In fact, packaged products indicating they are “made with organic” ingredients can include up to 30 percent non-organic ingredients. For products with the USDA “organic” label, there are about 200 non-organic substances producers can add to food without sacrificing the organic claim.

A study published by the American Journal of Clinical Nutrition concluded that “evidence is lacking for nutrition-related health effects that result from the consumption of organically produced foodstuffs.”

Deceptive Marketing Lawsuits

The U.S. Food and Drug Administration (FDA) is responding to several citizen petitions asking the agency to define “natural” on food labels.

Previously, the FDA published a statement saying “natural” means “nothing artificial or synthetic, including all color additives.”

But this is still too broad a definition. As of now, there are foods on the market containing high fructose corn syrup that are legally labeled as “natural.”

• Monster Beverage is facing lawsuits over marketing its energy drinks to children as young as six years old, despite scientific research that shows their products may cause health problems, including severe cardiac episodes.
• The Quaker Oats Company was sued after its “100% Natural” oatmeal products were found with traces of glyphosate, a cancer-causing chemical. A report released by the Alliance for Natural Health USA showed traces of glyphosate in several common breakfast foods, including oatmeal, bagels, cornflakes, yogurt, frozen hash browns, and coffee creamers.
• General Mills settled a lawsuit over its Fruit Roll-Ups product for deceptively marketing the candy as a fruit snack. A California court ruled against the company, stating the marketing claim “made with real fruit” incorrectly described the product.
• Frito-Lay has recently found itself in court defending its “all-natural” packaging claim, which turns out only includes a few of the ingredients, not the product as a whole.

Carcinogens in “Natural” Products

The Quaker Oats Company was under scrutiny for its “100% Natural” label on its oatmeal products, which were found with traces of glyphosate.

Consumers in New York and California have filed a lawsuit against the popular oatmeal producer, claiming that the use of glyphosate constitutes deceptive marketing and invalidates claims made by Quaker Oats, which implies that their products are free from man-made ingredients.

According to a recent report released by the Alliance for Natural Health USA, traces of the dangerous herbicide glyphosate were found in many common breakfast foods.

Such contaminated food included:

• Oatmeal
• Bagels
• Cornflakes
• Yogurt
• Frozen hash browns
• Coffee creamers

High levels of glyphosate were detected in eggs marketed as “organic,” “cage-free,” or “antibiotic-free.

Glyphosate is a chemical used commonly as a weed killer. The World Health Organization classified glyphosate as a probable carcinogen, meaning it has been linked to cancer.

Herbal Supplement Mislabeling

The dietary supplement industry is a very profitable one–a billion-dollar industry–though a contentious one in the legal arena. Many dietary supplements have been called into question regarding both their effectiveness and their false advertising schemes. High-profile cases involve:

• Prevagen
• Miracle Mineral
• CBD Products
• Isoprex

Some supplements make big claims about health benefits, with very little evidence to support those claims. On top of that, many are mislabeled and leave out ingredients on their labels, leading to possible class action mislabeling lawsuits.

CBD oil products are very popular, and the hype has led the FDA to investigate several companies selling CBD products with huge health benefit claims that may be false or misleading.

Herbal supplements and dietary supplements sold at major outlets have been tested by third-party labs. The results are less than desirable for consumers, who may have been tricked into believing these products can improve their health. Some of these products that have been called into question include: 

• Protein mixes
• Ginkgo Biloba
• St. John’s Wort
• Ginseng
• Garlic
• Echinacea
• Saw Palmetto
• Valerian Root 

The majority of the products tested did not contain the herbs they were supposed to or did not contain the amount they had listed on the label. Major retailers named in class action mislabeling lawsuits include:

• GNC
• Walmart
• Walgreens
• Target

False Drug Advertising

Drug kickback schemes have been identified by federal authorities and whistleblowers in the healthcare industry. 

The health industry is built on profits, and drug companies will do almost anything to sell their products and please their shareholders, including: 

• Failing to properly test drugs before they hit the market
• Engaging in kickback schemes
• Downplaying the risks of pharmaceuticals
• Offering false drug advertising to the public

False drug advertising and “me too” pharmaceutical marketing campaigns are damaging to the consuming public. 

An analysis by ProPublica found that many top-promoted pharmaceutical products are not actually the best sellers or most effective products of their kind on the market. Many supplements are touted to be the best thing a consumer has ever bought and may only be harmful in the end.

Filing a false advertising lawsuit aims to discourage companies from selling drugs and supplements without good reason. Consumers deserve protection, and taking legal action can compensate victims and punish negligent corporations when they employ false drug advertising tactics.

What Can a False Advertising Lawyer Do for My Claim?

Tackling a false advertising claim on your own can be difficult. This area of law is tricky because it involves a combination of complex state and federal regulations that can be tough to figure out and navigate.

However, a lawyer for false advertising can help strengthen your claim in several important ways: 

• A deceptive advertising attorney who knows the ins and outs of your state’s laws surrounding false marketing can help you chart a sound course of action.
• They will obtain copies of misleading advertisements, gather consumer testimonials, and review any relevant documentation to build a strong case.
• They can help you understand the types of damages you might be entitled to, including refunds for your purchase, penalties, and compensation for emotional distress or other losses.
• If your case involves a larger group of affected consumers, a lawyer can help you join or initiate a class action lawsuit, which may increase the possibility of compensation.

Working alongside a false advertising lawyer can make this a much smoother and easier process on your end. 

For example, a study by Martindale-Nolo found that those with legal representation are more likely to walk away with a settlement or award. In fact, their study revealed that over nine out of ten people received a monetary award with legal help compared to about half of those who handled their claims alone.

How Much Can a False Advertising Attorney Help Me Recover? 

Companies that participate in false advertising can face serious penalties. Government agencies have the power to sue for civil penalties, for example: 

• In California, the attorney general can sue for up to $2,500 for each false advertisement sent to a consumer.
• The Federal Trade Commission (FTC) can impose penalties of up to $40,000 for deceptive ads.

However, some states allow consumers to also collect penalties. For instance, New York’s General Business Law lets consumers recover up to $50 for each false ad. In class action lawsuits, these penalties can add up quickly.

The amount available to you in a false advertising claim depends on several factors, such as 

• How serious the misleading claim is.
• The amount of money you and others have lost because of the false ad.
• The emotional or physical impact you suffered.
• What state you’re filing the claim in.

Also, not only can you recover monetary awards in a false advertising lawsuit, but you can help incite further change and push back against large corporations taking advantage of the public. The courts may also order the offending business to: 

• Stop putting out any false or misleading advertising in the future. 
• Publish corrections to previous ads that contained false or misleading information.

False Advertising Settlements

When companies engage in deceptive marketing tactics and misrepresent their products to the public, they may be held liable for false advertising and targeted in class action mislabeling lawsuits by plaintiffs and their consumer protection and false advertising lawyers.

In recent years, consumer advocates and product liability lawyers have held companies accountable for unscrupulous marketing practices that aim to confuse the consumer and misrepresent a product by intentionally mislabeling. Such business practice may result in class action mislabeling lawsuits, with large settlements and verdicts seen across the country, including: 

• In 2024, AT&T, Verizon, and T-Mobile agreed to pay $10.25 million to settle claims of misleading advertising practices that broke California’s laws against false advertising.
• Bayer and Monsanto were ordered to pay $6.9 million in 2023 for falsely claiming their Roundup® weedkillers were safe and non-toxic, violating New York’s laws against misleading advertising and a previous settlement from 1996.