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p0370 The reasonable consumer standard usually used to determine whether advertising is false should be adjusted to represent unsophisticated members of the public at whom particular advertising was directed; proof that a substantial number of consumers were actually deceived by defendant's use of the phrase "Legal Aid" in his advertising, and expert testimony that people to whom the advertising was directed believe the phrase means a nonprofit law firm justified finding that the advertising was false.CitationBROCKEY v MOORE (Legal Aid) 107 CA4 86 [See: Foreman & Clark v Fallon 3 C3 875; FTC v ColgatePalmolive 380 US 374; Cortez v Purolator 23 C4 163, T/AT 7/00; Bank of the West v Superior Court 2 C4 1254, T/AT 9/92]
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