RE: 80+ MPH?! I don't think so...
What it comes down to is this kind of advertising is fraud, plain and simple and is ILLEGAL. I agree this practice in the RC industry is indefensable.
Any advertising that is misleading in any material respect is considered to be false advertising. Advertising that is misleading about a productâ€™s place of origin, nature, quality or make is prohibited under federal and most statesâ€™ laws. To be found guilty of false advertising, it must be shown that the advertisement was deceptive in nature. Whether or not the advertiser intends to mislead you is not important; the overall impression of the advertisement is. Moreover, there is no requirement that the advertisement actually caused harm.Congress has enacted two statutes that have the greatest effect on advertising: the Federal Trade Commission Act and the Lanham Act. Under the FTC Act, the FTC is given broad authority to regulate advertising. Within this power, the FTC has issued regulations barring advertisements that could be misleading, even if they are true.
To establish a violation under the Lanham Act, a plaintiff must prove:
* the advertiser made false statements of fact about its product.
* the false advertisements actually deceived or had the capacity to deceive a substantial segment of the target population.
* the deception was material.
* the falsely advertised product was sold in interstate commerce
* the plaintiff was injured as a result of the deception.