What is the standard for determining whether an advertisement is deceptive or deceptive?

Under this standard, plaintiffs must show that "members of the public are likely to be deceived." Id. This "likely to be deceived" standard requires more than a mere possibility that an advertisement will be misunderstood by a few consumers. Lavie v. Proctor & Gamble Co., 105 Cal. App. 4th 496, 508 (2003). Rather, it requires a probability

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"that a significant portion of the general consuming public or of targeted consumers, acting reasonably under the circumstances, could be misled." Id. Further, allegations of deception must be assessed according to what the advertisement or label depicts and actually says, and not allegations of implied meaning. Brockey v. Moore, 107 Cal. App. 4th 86, 100 (2003); see also Resort Car Rental System, Inc. v. F.T.C., 518 F.2d 962, 964 (9th Cir. 1975).