It is not fraud to distract from evidence that your product might not work. It is fraud to claim your product works if it doesn't.
Therefore ad companies are not going to try to prove that their product doesn't work.
Therefore ad companies are not going to try to prove that their product doesn't work.
All of the elements listed below must be proven. However, some of the comments here describe behavior that comes pretty close.
(1) a representation of fact; (2) its falsity; (3) its materiality; (4) the representer’s knowledge of its falsity or ignorance of its truth; (5) the representer’s intent that it should be acted upon by the person in the manner reasonably contemplated; (6) the injured party’s ignorance of its falsity; (7) the injured party’s reliance on its truth; (8) the injured party’s right to rely thereon; and (9) the injured party’s consequent and proximate injury.