Exam 18: Consumer Protection

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When does an advertiser violate the Federal Trade Commission bait and switch advertising rules?

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If the advertiser refuses to show an advertised item,fails to have a reasonable quantity of the item in stock,fails to promise to deliver the item within a reasonable time,or discourages employees from selling the advertised item.

The ________ controls the disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available and avoid the uninformed use of credit.

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Facto markets a prescription drug for depression called New Life.In a television advertisement they claim that the product will make a person "feel like a kid again." At the close of the advertisement,a disclaimer runs at the bottom of the screen in small print stating "use only as directed by a physician," and "call for details." The product has effectiveness disclaimers and warnings printed on the product package,such as "may cause weight gain" and "may cause heart valve problems," but these don't appear in any of the media advertising.No further information regarding the company or ways to provide information regarding the drug was given.What are the restrictions placed on prescription advertising by the FDA? Did Facto comply with those restrictions? What are the ethical considerations? Discuss fully.

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The FDA eased restrictions on the advertising of prescription drugs on television and radio.Drug companies can now tout a drug's benefits without listing all of the side effects.Television ads must,however,warn of major risks and provide a quick way (such as a toll-free telephone number,Web address,or magazine advertisement)for consumers to obtain full information about the drug.It does not appear that Facto adequately warned of the potential heart valve problems which would be considered a major risk.Also,the company probably failed to provide sufficient means by which further information could be obtained.

Fact pattern 18-2 Janie is a pharmacist in Small City.She begins mixing up a mixture to treat indigestion that is ordered by several of the local physicians.She advertises the mixture,and she and prescribing physicians see a large increase in business.Other pharmacists who do not want to bother with mixing begin to complain.Janie takes the position that it is a free country,and she can do as she pleases since there is no evidence that the mixture is harmful; and it is particularly helpful for those individuals who have had reactions to other indigestion medication. -Refer to fact pattern 18-2.Which of the following is the term that best describes the process Janie uses in preparing the drug?

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In some cases,even if a manufacturer provides warnings as mandated by the Food and Drug Administration,it may still be fund liable under state product liability law for failure to warn if reasonable manufacturers would have done more.

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When Congress passed the Food and Drug Administration Modernization Act,it did not

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Which of the following categories of drugs cannot be approved by the Food and Drug Administration?

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Fact pattern 18-1 Cream X has been approved by the Food and Drug Administration for the treatment of eczema.Dr.Glover discovers,however,that it is also great for a number of other things including the removal of wrinkles and cellulite.The cream is applied to the skin,not ingested.He starts prescribing it for those purposes and has a great increase in patients.Dr.Smith starts to loose a number of patients to Dr.Glover and becomes grumpy when she hears why Dr.Smith is gaining in popularity.Dr.Smith decides to complain about the practice but does not know quite what to do about it. -Refer to fact pattern 18-1.Which of the following is the appropriate term for Dr.Glover's prescribing of Cream X for the elimination of wrinkles and cellulite?

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In general,consumer protection law at the state level is more stringent than federal law.

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The FTC now requires used car sellers to affix a ________ to the cars that they sell.

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The Wool Products Labeling Act is an example of a federal law regulating the labeling of clothing.

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There is much controversy regarding genetically modified food.What potential problems are involved with the use of genetically modified food? Discuss the pros and cons.What laws have been proposed in this country regarding genetically modified food? What action has the European Parliament taken regarding generically modified food?

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The ________ has the power to issue cease and desist orders to advertisers.

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The ________ has primary responsibility for regulating the labeling of food

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The Food and Drug Administration shares with the _________ the responsibility for regulating pesticide residues on food.

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Drug companies provide financial support to academic researchers in the form of employment or consulting fees,research funds,Money to attend symposiums,and speaking honoraria.Do you believe that this is ethical? Why or why not? What standards to you believe should be in place?

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The _________ requires financial institutions to provide privacy protections to consumers.

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The Fair Credit Reporting Act protects the consumer by limiting the amount of interest charged on credit card accounts.

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Bobby develops a way to clone catfish.He finds that this is a very economical way to run his fish business.He begins selling the catfish to grocers in the area.Other fish producers,who do not know how to clone the fish,are very annoyed with Bobby and start to complain.They tell Bobby that he is violating federal law by not placing a label on his fish notifying consumes that the fish are cloned.Is Bobby in violation of the law?

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The U.S.Supreme Court has ruled that compounded drugs are illegal.

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