False and Misleading Advertising: Know Your Rights

by Charles Miller

State and federal laws protect consumers from false or misleading advertising. No business may make false, misleading, or deceptive claims about a product. If you have been a victim of false or misleading advertising, you should contact a qualified, experienced lawyer to discuss your situation. Here are just a few examples of lawsuits and claims regarding false and misleading advertising.

Strawberry Fruit Roll-Ups with no strawberries.

General Mills settled a lawsuit which alleged that the company’s Strawberry Naturally Flavored Fruit Roll-Ups fell short in both their “strawberry” and “naturally flavored” claims. According to the lawsuit, the Fruit Roll-Ups contained no strawberries and their ingredients were mostly synthetic. In late 2012, General Mills settled the suit. Beginning in 2014, due to the lawsuit, new fruit roll-up labels will not depict images of strawberries and, if the snacks claim to be made with fruit, an actual percentage of fruit in the product will have to be listed.

Inflated gas mileage estimates

Hyundai and Kia Motors have admitted to overstating mileage on nearly 1.1 million vehicles in North America sold since 2010, including about 900,000 in the United States. They had to withdraw advertising claims that four models got 40 miles per gallon—the Elantra Accent, Veloster and Sonata Hybrid—which had been a key part of marketing campaigns in recent years. Hyundai has agreed settle consumer class actions regarding the claims and to compensate current and former owners.

“No Crash Later” after taking 5-Hour ENERGY?

Consumer class actions are currently pending against Living Essentials, the maker of 5-Hour Energy, alleging the company has engaged in false advertising and deceptive marketing by misleading consumers into believing its 5-Hour ENERGY “energy shot” provides five hours of sustained energy without a “crash” later. The lawsuits allege that the “energy shots” wear off just as quickly, if not quicker, than other energy products while delivering the same “crash” after effects.

Samsung misrepresenting Galaxy S4 storage capacity?

Heygood, Orr & Pearson is currently pursuing a proposed class action on behalf of consumers who purchased a Samsung Galaxy S4 smartphone. The suit alleges that Samsung advertised the Galaxy S4 as having significantly more storage capacity than what was actually available on the device. Consumers who purchased the 16 GB Galaxy S4 were unaware that the actual available memory on the phone was only about half the advertised capacity of the device and far less than other similar devices, according to the lawsuit. We filed a class action lawsuit against Samsung in May 2013 on behalf of plaintiff Conrad Sheffer and other California consumers who purchased the Galaxy S4.

Commercial Litigation Claims Filed by Heygood, Orr & Pearson

If you have been a victim of false or misleading advertising, contact the law firm of Heygood, Orr & Pearson for a free consultation so we can help you determine the best way to protect your legal rights and interests. You can reach us by calling our toll-free hotline at 1-877-446-9001, or by filling out our free case evaluation form.


Case results depend upon a variety of factors unique to each case. Results of other cases do not guarantee or predict a similar result in any future case.

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by Charles Miller

Charles Miller is a licensed attorney and a partner at Heygood, Orr & Pearson. Charles focuses his practice on areas of complex commercial litigation and personal injury litigation.