Let's start with a simple definition of terms as provided by Wikipedia. False Advertising on Wikipedia
False advertising is the use of misleading, false, or unproven information to advertise products to consumers or advertising that does not disclose its source. ... A false advertisement can further be classified as deceptive if the advertiser deliberately misleads the consumer, as opposed to making an honest mistake.
Lets really focus on that last part:
deliberately misleads the consumer, as opposed to making an honest mistake