Exam 12: Advertising Law

All of the following are measures taken by the Federal Trade Commission to deal with deceptive advertising complaints except for one item. Which one below does not belong?

Which of the following advertising tag lines would most likely be considered a factual claim in an advertisement that must be backed by substantiating evidence?

In the 1976 case of Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, the U.S. Supreme Court held that the state's interests in the advertising regulation were outweighed by the ____________.

A national fast food restaurant chain, Fancy Burger, is trying to makeover their image to be more high-end. Suppose the research team for Fancy Burger conducts a blind taste test comparing Fancy's burger to burgers produced by Fancy's competitors. For the test, Fancy's burger is a full patty while the competitor's patties are just halves. Taste testers chose Fancy's burger four out of five times, so now it can run an advertisement containing the statement: "Four out of five people prefer Fancy Burger."

Which advertising law below would be unlikely approved by the Central Hudson test?

A product's claim considered too outlandish to be believed by a reasonable person is __?

The __________ Act, passed in 1938, declared unlawful "unfair or deceptive acts or practices in commerce."

The Latin term _________ was originally applied to the area of consumer advocacy signifying the attitude that consumers should be skeptical of all advertisements

The first case heard by the U.S. Supreme Court explicitly addressing commercial speech was ____.

The government has no substantial interest in regulating the following advertising claim: "All custom pipes twenty percent off…applies to all shapes and glass colors." The smoking pipes are sold by a small shop with products geared toward fans of the Grateful Dead, The Who, and Pearl Jam as well as various herbs and tobacco products.

Which of the following questions is not a part of the commercial regulation test set forth by the Supreme Court in its Central Hudson decision?

Well-known mixed-martial-arts fighter, Ulta Mitt, appears in a TV infomercial claiming his daily 10X workout helped him to shed many pounds and become a "lean, mean fighting machine!" Ulta has done the 10X workout several times, but also trains daily with his personal trainer, although nowhere does the infomercial mention any of this additional information. Ulta's testimonial therefore is not deceptive.

Advertisements are scrutinized under the legal standard of the ____ consumer to determine if they are deceptive in nature.

Orange County has received no rainfall in three months. Orange County may implement a water conservation plan prohibiting the use of water for any non-essential domestic purpose and ban encouragement of such non-essential uses for domestic purposes.

To be lawful, the FTC requires advertisements be all of the following except ___ .

Flabby Abs, Inc. is peddling the AbFirm through local television spots. As part of its advertising campaign, the corporation claims using the AbFirm fifteen minutes every day for two weeks alone produces a loss of 30 percent body fat. The FTC declared the ad to be misleading. In order to remedy the misleading impression created by such a remarkable claim, the FTC can order Flabby Abs, Inc. to spend five million dollars on advertising to include the statement "contrary to prior claims."

The Federal Trade Commission (FTC) was originally created to prevent anti-competitive business practices, but that has allowed it to deal with which of the following issues?

Alky Hall owns a small chain of liquor stores in the metro area of your school. In order to bring business to a newly opened store, Hall decides to run several commercials featuring the store's specials on rum, vodka, and tequila. Hall's commercials violate FTC regulations.

A locally prominent dentist appears in advertisements for the VibraDent toothbrush, a locally produced specialty toothbrush. In the advertisement, the dentist claims VibraDent provides the only comprehensive brushing to keep teeth healthy. The dentist does not have to provide any substantiating evidence in support of his opinion.

Mail-out advertising for energy saving appliances was the subject of the litigation in the landmark case of Central Hudson Gas & Electric Corp. v. Public Service Commission (1980), but the winner was the __________?