Advertising is considered false when the things such as origin or description or representation of a fact are false or misleading during promotion or advertisement. False or misleading means that it is likely to cause confusion or deceive. False advertising can apply to a claims about a person’s own goods or services or to a claims about a competitor. For a false advertising claim it must be shown that a false or misleading statement was made in regards to advertising or promoting goods and there was deception that would likely influence a consumer’s purchase and cause injury. If both parties are competitors then there should not be easy to demonstrate that injury is possible, however if they are noncompetitors then probable injury may be tougher to prove. A possible defense to a false advertising claim is “puffing.” This is the idea that advertising usually involves exaggeration and that is acceptable to a certain extent and does not necessarily make the claim false. Before making claims make sure they are properly vetted and cannot be misconstrued.
This blog is not legal advice and is not specific to your application. You should always consult an attorney.