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In order for advertising to be found deceptive by the FTC , it is necessary that: something affirmative was said which was misleading; i .
In order for advertising to be found deceptive by the FTC it is necessary that:
something affirmative was said which was misleading; ie an omission cannot be deceptive.
the sellers have malice or evil intent.
there is a misrepresentation, omission, or practice that is likely to mislead the consumer acting reasonably in the circumstances, to the consumer's detriment.
the advertisement can only be reasonably interpreted in one way, and in that way, it is misleading.
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