Legal Definitions - reasonable-consumer test

The reasonable-consumer test is a legal standard used to determine whether an advertisement, marketing claim, or business practice is deceptive or misleading. It asks whether an ordinary, sensible person, acting reasonably under the circumstances, would likely be deceived or misled by the claim or practice.

This test does not consider the most gullible individual or the most skeptical, but rather the perspective of an average consumer who exercises a reasonable degree of care and common sense. If a significant portion of such reasonable consumers would be misled, the advertisement or practice is likely to be deemed deceptive.

• Example 1: Health Supplement Claim

  A company advertises a new dietary supplement with the prominent headline: "Take This Pill and Never Get Sick Again!" In smaller print at the bottom, it mentions that the product supports general wellness. Under the reasonable-consumer test, authorities would likely find this advertisement deceptive. A reasonable consumer understands that no single pill can guarantee complete immunity from all illnesses, despite any general wellness benefits. The bold claim of "never getting sick again" is an overstatement that an average person would likely find misleading, even if they understand it's not a literal medical guarantee.

• Example 2: "All-You-Can-Eat" Restaurant Offer

  A restaurant promotes an "All-You-Can-Eat Seafood Buffet" for a fixed price. However, when customers arrive, they are informed that "all-you-can-eat" only applies to side dishes, and seafood portions are strictly limited to one serving per person. Applying the reasonable-consumer test, this advertisement would likely be considered deceptive. A reasonable consumer seeing an "All-You-Can-Eat Seafood Buffet" would naturally expect the "all-you-can-eat" promise to apply primarily to the seafood, not just the accompanying side dishes. The hidden restriction on seafood portions would mislead an average person about the true nature of the offer.

• Example 3: Software Performance Guarantee

  A software company markets its new antivirus program with the slogan: "100% Guaranteed to Block All Viruses, Forever!" While the software is effective, no antivirus program can genuinely guarantee protection against every single future virus, especially new, unknown threats. A reasonable consumer, even one without deep technical knowledge, understands that technology evolves, and absolute, perpetual protection against all threats is an unrealistic claim. The "100% guaranteed" and "forever" aspects would likely be deemed misleading, as an average person would be led to believe in an unattainable level of security.