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Keeping The Status Quo: Why Continuing To Recognize The Presumption Of Irreparable Harm In False Comparative Advertising Protects The Market, Max Dillan

Fordham Journal of Corporate & Financial Law

Legal action challenging a company’s advertisement for containing false or misleading statements is a more recent development in the American legal system. The market’s utilization of advertising to promote sales has grown steadily to the point where the frequency with which it now permeates everyday life is almost constant. Lawsuits challenging many of these advertisements have increased as well. The swelling influence of advertisements in the marketplace and the complementary rise in false advertising litigation is relevant for both companies and consumers alike. As litigation continues to grow as an outlet for companies to safeguard their brands, consumers will find …