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False Advertising

Unfortunately, our consumer society is plagued by deceptive and unlawful promotion of all manner of consumer products. While there are some government entities that work to fight these practices, many false claims go unchecked by regulators and government enforcers because they are so pervasive.

Typically, false advertisers operate on a massive scale, leading consumers to pay higher prices for products. While these deceptive practices often have small incremental impacts on individual transactions, they have a cumulative impact on consumers’ ability to make ends meet and put their hard-earned money into the pockets of massive corporations that treat deception as business as usual. This is where class actions are so important. By pooling the relatively small injuries of consumers together, class actions can hold corporations responsible, force changes to their business practices, and make them disgorge ill-gotten gains.

Tycko and Zavareei is a leader in this space and has achieved many noteworthy results. For example, the firm won a series of cases that resulted in significant changes to olive oil product labeling that improved unfair and unethical industry business practices and widespread product mislabeling. Similarly, the firm obtained relief for consumers of “flushable wipes,” that were not flushable and were causing harm to consumers’ plumbing and sewage systems. Tycko and Zavareei was also instrumental in changing deceptive advertising at factory outlet stores, which marketed products sold only in the outlets with false reference prices. The firm also returned millions of dollars to consumers who purchased Apple Powerbeats 2 products, which made exaggerated battery life and water resistance claims. Currently, the firm is litigating against Rodan + Fields for its sale of a pharmaceutical product (Lash Boost) that is falsely sold as a cosmetic. Tycko and Zavareei is also in cutting edge litigation against Stubhub, based on its bait and switch practice of advertising a low price and then tacking on substantial fees after the consumer decides to buy the tickets. Serovital, Stubhub, olive oil product labeling (link to success), flushable wipes (link to success), factory outlet stores (link to success), Apple Powerbeats (link to successes), Lash boost (link to ongoing), Stubhub (link to ongoing).

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