Judicial materiality requirement for purchasing decisions

AND · 15usc1125:materiality

Judicial element specified in the five-part Genus/Wells Fargo test under false-fact: the falsehood must matter to purchasing. Literal falsity does not by itself remove materiality from the claim. This is separate from proof that a statement is deceptive.

Exact element source

(B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities,
Source: docroot/ir/usc/title15.jsonl#title15_sec1125; Unicode character offsets [674:869] (end exclusive); SHA-256 0a5680239d11ae3247a99abab2344db45177346d2d2e3050e95c82fb39f3aca7.

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Court interpretations