In the Matter of Nissan of North America Inc.
Published: Feb. 8, 2014 | Result Date: Jan. 23, 2014 | Filing Date: Jan. 1, 1900 |Case number: 122 3010 Settlement – Injunctive Relief
Court
U.S. Federal Trade Commission
Attorneys
Claimant
Matthew D. Gold
(Federal Trade Commission)
Respondent
Facts
The Federal Trade Commission filed an administrative complaint against Nissan North America Inc., based on violations of the FTC Act.
Contentions
CLAIMANT'S CONTENTIONS:
The FTC accused Nissan of falsely advertising its pickup trucks through the "Hill Climb" advertisement, a commercial that shows the Nissan Frontier truck pushing a dune buggy up a sand dune. Although the commercial states that the advertisement was fictionalized, the commercial nevertheless created the impression that the feat was something that Nissan pick-up trucks are capable of handling. The FTC claimed that this was misleading, because Nissan pick-up trucks cannot do what the advertisement conveyed.
Result
The court ordered Nissan to cease showing advertisements that depict Nissan pick-up trucks performing feats it is not actually capable of performing.
Other Information
COMMISSIONERS: FTC Chairwoman Edith Ramirez, and Julie Brill, Maureen K. Ohlhausen and Joshua D. Wright.
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