In the United States, courts have held that the purveyor of a bait-and-switch operation may be subject to a lawsuit by customers for
false advertising, and can be sued for
trademark infringement by competing manufacturers, retailers, and others who profit from the sale of the product used as bait. However, no
cause of action will exist so long as the purveyor is capable of actually selling the goods advertised, even if they aggressively push a competing product. Likewise, advertising a sale while intending to stock a limited amount of, and thereby sell out, a
loss-leading item advertised is legal in the United States. The purveyor can escape liability if they make clear in their advertisements that quantities of items for which a sale is offered are limited, or by offering a
rain check on sold-out items. In England and Wales, bait and switch is banned under the
Consumer Protection from Unfair Trading Regulations 2008; breaking this law can result in a criminal prosecution, an unlimited fine and two years in jail. In Canada, this tactic is illegal under the
Competition Act. In Australia, bait advertising is illegal under the
Competition and Consumer Act 2010 (formerly known as the Trade Practices Act 1974). ==Examples==