Beware of false advertising, how to avoid the consumption trap
Beware of false advertising, how to avoid the consumption trap
By : Kobre & Kim LLP
Case Overview：
This case involves a consumer who purchased a product that claimed to have a variety of health functions, but found that the product effect was seriously inconsistent with the advertising after use, and there was physical discomfort. The consumer (hereinafter referred to as the "plaintiff") then commissioned our law firm to file a lawsuit, requiring the merchant (hereinafter referred to as the "defendant") to refund the purchase price and compensate for the loss.
Legal Response:
Consultation and evidence gathering:
In the first meeting, our lawyer team understood the plaintiff's demands and the background of the case in detail, and collected relevant evidence such as purchase vouchers, product brochures, advertising materials, and medical diagnosis certificates. We provided the plaintiff with professional legal advice and analyzed the legal basis of the case and possible litigation strategies.
Background Check and Platform tracking:
Background Check and Platform tracking:
We conducted a detailed investigation of the defendant company's business conditions and market reputation, including its financial condition, past complaint records, and penalties imposed by regulators. Through the investigation, we found that the defendant company had been complained about many times for false advertising, which provided strong support for our advocacy of consumer rights and interests.
Lawsuit Preparation:
We assisted the plaintiff in sorting out all the evidentiary materials, including the purchase certificate, product description, advertising materials, medical diagnosis certificate, loss calculation sheet, etc., and drafted the complaint. During the litigation process, we actively communicated with the court to ensure that the case went smoothly.
Legal procedure and litigation execution:
During the trial, we elaborated the plaintiff's demands and legal basis, and provided sufficient evidence to support them. The defense argued that its advertising campaign met industry standards, but we vigorously refuted this claim through the relevant provisions of advertising law and expert testimony. After many rounds of debate, the court finally found that the defendant's advertising campaign constituted false advertising and should bear the corresponding liability for compensation.
Result and Recovery:
The plaintiff was successful in obtaining due compensation and avoiding greater financial loss. The successful handling of this case not only protects the legitimate rights and interests of the plaintiff, but also provides a useful reference for the handling of similar consumer rights and interests protection cases.
