Comment by Veserv

The problem is that, as the article mentions, there are "good" forms of advertising that are actually meant to inform people. Unfortunately the overwhelming majority, and even more so in "high-end" advertising, is not that. So, the question is how can we distinguish the good from the bad?

One of the key distinguishing factors is that "bad" advertising is intentionally deceptive. The explicit objective is how to overstate colloquially while technically saying something that is not untrue if interpreted by a genie or monkey's paw. Advertisers run war rooms and focus groups to make sure that the message they are promoting is verifiably and scientifically misinterpreted by the target audience while having legal review so that if it comes to court they can say: "Technically, your honor..." we meant something different than what we explicitly and intentionally aimed for.

The standard is backwards. The more money you spend on advertising, the more intentionally truthful it should be. You should run focus groups to verify that the message is not misinterpreted to your benefit the larger the advertising campaign. When you go to court and say: "Technically, your honor..." you should immediately lose (after reaching certain scales of advertising where you can be expected to have the resources to review your statements). Misinterpretation should be a honest surprise occurring despite your best efforts, not because of them and the litmus test should be if your efforts were reasonable at your scale to avoid such defective speech.

The standard is trivially assessable in court: Present the message to the target audience and ask them their interpretation. Compare it to the claims of deception. If the lawyer says: "Technically, your honor..." they lose. However, they can present evidence that they made reasonable efforts to avoid misinterpretation and that the specific form of the misinterpretation is unlikely or unexpected.

The standard is easily achieved by businesses. Make intentionally truthful claims and have your advertising teams check and test for misinterpretation. Err on the side of caution and do not overstate your claims to your benefit and the potential detriment of your customers. If you think "technically speaking", you are on the wrong track. If you would not tell that candidly to your relatives or friends, you should probably stop.

It is not like people do not know they are being deceptive, they just need to be held to it.