False advertising and unfair competition cases rely on surveys to provide evidence that a particular claim or product packaging creates a misleading impression and that the claim or packaging has an impact on consumer purchasing decisions. Specifically, the survey must:

• demonstrate that the advertising or claim at issue contains a false or misleading statement or inference about its own or a competitor’s product;
• prove that the claim at issue has actually deceived or is likely to deceive a substantial portion of the relevant audience;
• show the deception is material and is likely to influence purchasing decisions.

The Plaintiff's damages expert will use this information to show how the deception has injured or is likely to cause lost sales or loss of good will for the complainant.