Before a product is made known, is it not logical that demand for it will be low?
The only reason for creating a new product in the first place is to respond to some demand in the market.
No one will come up with a beverage "just like Coke, in every possible sense, including price". They might make it better, thus answering the demand for better quality or make it cheaper, thus answering the demand for smaller prices.
The cases I'm referring to here are cases when demand is artificially created: the quack may say "you're feeling bad and tired because your body is full of toxins. Buy our detox medicine or detox diet book and flush bad substances out of your system".
if it turns out that the product is not useful in servicing their ends, then they have incurred a loss.
Obviously if the advertising is false, then this is fraud, and an infringement of property rights, so the seller can be taken to court.
I've read the report about the lawsuit between QuackWatch and some Homeopathy practitioners.
The Court concluded with a sharp rebuke:
"The logical end-point of Plaintiff’s burden-shifting argument would be to permit anyone with the requisite filing fee to walk into any court in any state in the Union and file a lawsuit against any business, casting the burden on that defendant to prove that it was not violating the law. Such an approach, this Court finds, would itself be unfair."
The problem in this case is that QuackWatch had their own experts and the Judge concluded that they were "representing themselves" (even if they got the evidence right).
Just shows that it's not as easy as one might think to sue for fraud.