What is False or Misleading Labeling?
Just as the name implies, this area of consumer protection law relates directly to the FDA, its regulation over food and drug companies and their labeling or advertising practices. Specifically the FDA uses the authority granted to it under the Federal Food, Drug, and Cosmetic Act to enforce Section 502 (a) which declares that a drug or device is misbranded if its labeling proves false or misleading in any particular.
According to the FDA, the phrase “false or misleading” is not only in reference to advertising truth, fraud, forgery or deception. There is a lot of space for interpretation wherein the word, statement or illustration may contain elements of truth, but the labeling must under no uncertain terms redirect or lead to misinform the customer in any capacity.
At the Law Offices of Ronald A. Marron we have the expertise to navigate this ambiguous landscape in order to enforce your rights as a consumer. If you have ever purchased a drug, pill or vitamin that claimed to cure, treat or affect you in some way but left your condition untreated then you may have a case and should contact our offices to discuss your options.