An act or practice is deceptive if
|“||(1) it is likely to mislead consumers acting reasonably under the circumstances; and (2) it is material, that is, likely to affect consumers' conduct or decisions with respect to the product at issue.||”|
- See, e.g., Federal Trade Commission v. Patriot Alcohol Testers, Inc., 798 F. Supp. 851 (D. Mass. 1992) (full-text).