I thought the Lanham Act applies to to false advertising as well as a statute that protects trademarks. http://www.rkmc.com/Lanham_Act_Also_Applies_to_False_Advertising_Claims.htm 43(a) I believe is the section that applies. "This provision prohibits any use of a false or misleading description or representation in commercial advertising or promotion that "misrepresents the nature, characteristics, qualities, or geographic origin of. . . goods, services, or commercial activities." Anyway as you say a false advertising claim must also prove that the deception was material and it likely influenced the purchase decision of a substantial segment of the audience.