Deck 44: Consumer Protection and Product Safety

Question 1

Under the FDCA,some contamination of foods is lawful.

Answer 1

True

Question 2

Cosmetics unlike drugs do not require warnings as to carcinogens.

Answer 2

False

Question 3

The law is more lax with nonprescription drug manufacturers,as it does not require that the method of use be given to consumers.

Answer 3

False

Question 4

Ordinary household soap is included in the Food and Drug Administration's definition of cosmetics.

Question 5

The Consumer Product Safety Commission is empowered to conduct research on the safety of consumer products.

Question 6

Federal law states that food does not have to be entirely pure to be distributed or sold.

Question 7

Food additives need not be approved by the FDA before they can be sold to the public.

Question 8

The regulation of pacemakers,kidney dialysis machines,and so forth is not governed by the FDA.

Question 9

Eye shadow and other cosmetics are subject to FDA regulation.

Question 10

Unfortunately there has been no law to date to regulate quack medical devices on the market.

Question 11

Regulations under the Nutrition Labeling and Education Act require food processors to establish standard definitions for light,low fat,natural,and other routinely used terms.

Question 12

The FDA has the power to prevent the sale of cosmetics posing dangers to users,but does not have the power to prohibit their sale solely on the basis that they make unsubstantiated claims,such as claims that they promote virility.

Question 13

The Consumer Product Safety Commission is part of the Food and Drug Administration.

Question 14

Criminal violations of the FDCA are referred to the U.S.Department of Justice for prosecution.

Question 15

The FDA has the power to obtain search warrants,conduct inspections,and obtain orders for seizure of products.

Question 16

The basis of much of the federal government's regulation of food and drug products is the Federal Food,Drug,and Cosmetic Act of 1938.

Question 17

The FDA is unable to withdraw approval for a drug once the approval process is complete.

Question 18

A private party may not sue to prevent violations of the CPSC rules and regulations.

Question 19

Approval of new drug applications is fairly expedient.

Question 20

The FDCA is administered by the U.S.Department of Health.

Question 21

Which of the following products would be covered by the Consumer Product Safety Act?

A) toys
B) automobiles
C) aircraft
D) firearms

Question 22

The following are actions that the FDA can take in regulating cosmetics except:

A) prohibiting the distribution of misbranded cosmetics
B) requiring proper labeling
C) removing from commerce cosmetics that contain unsubstantiated claims of growing hair
D) ordering sellers of ineffective products to provide purchasers with an effective substitute

Question 23

If a food product is found to be imminently hazardous,which of the following actions are not remedies that the FDA may pursue?

A) require a recall
B) seize the products
C) seek civil penalties
D) seek criminal penalties
E) force the dissolution of the offending company

Question 24

The authority to regulate which of the following was given to the FDA in 1976?

A) organic foods
B) Medicinal Devices
C) Food Additives
D) artificial sweeteners
E) nonprescription drugs

Question 25

The bait and switch is a type of deceptive advertising under Section 5 of the Federal Trade Commission Act.

Question 26

The United States has agreed to the United Nations-sponsored Biosafety Protocol.

Question 27

Some states allow a 3-day window in which a consumer may cancel door-to-door sales contracts.

Question 28

Which of the following is required under the Biosafety Protocol sponsored by the United Nations in the year 2000?

A) Nations are free to prohibit the import of genetically altered foods without violating free-trade agreements.
B) Genetically altered foods must be shipped in separate containers from foods that are not genetically altered.
C) All genetically altered foods must be clearly labeled as such.
D) Whenever genetically altered foods are offered for sale,comparable food that is not genetically altered must be made available at a comparable price.

Question 29

Which of the following is not one of the acts that are enforced by the Consumer Product Safety Commission?

A) the Flammable Fabrics Act
B) the Motor Vehicle Safety Act
C) the Wool Products Labeling Act
D) the Child Protection and Toy Safety Act
E) the Refrigerator Safety Act

Question 30

When was the Food,Drug,and Cosmetic Act passed?

A) 1906
B) 1933
C) 1938
D) 1946
E) 1970

Question 31

Over which of the following products does the FDA not have jurisdiction to regulate?

A) prescription drugs
B) aspartame,the sweetening agent in Nutra-Sweet
C) cigarettes
D) artificial hearts
E) lipstick

Question 32

Which of the following is regulated by the FDA?

A) eye shadow
B) lipstick
C) facial makeup
D) All of these are correct.

Question 33

The standard of whether advertising is false and deceptive is whether it would mislead:

A) a reasonable person with a ninth-grade level of education
B) the particular plaintiff in the lawsuit
C) a reasonable consumer
D) a consumer sophisticated in the type of product that was advertised

Question 34

Which of the following is not one of the acts or amendments administered by the FDA?

A) the Pesticide Amendment of 1954
B) the Food Additives Amendment of 1958
C) the Preservatives Act of 1959
D) the Color Additives Amendment of 1960
E) the Animal Drug Amendment of 1968

Question 35

Unfair and deceptive trade practices are generally regulated by the:

A) Federal Trade Commission
B) Food and Drug Administration
C) Securities and Exchange Commission
D) Consumer Product Safety Commission

Question 36

Advertising is false and deceptive if it makes an unsubstantiated claim.

Question 37

Which of the following is not one of the general purposes of the statutes regulating the manufacture,processing,distribution,and sale of food?

A) ensuring the wholesomeness of foods
B) ensuring that consumers receive value for the price of the food
C) providing accuracy in labeling and packaging
D) preventing injury to health

Question 38

Under the federal rules regulating food and drugs,which of the following is true?

A) Food must be pure 100 percent before it can be sold to consumers.
B) Food may contain certain impurities,such as insect parts,as long as it is not adulterated.
C) If a food contains impurities,such as insect parts,these impurities must be disclosed on the food label.
D) All food must be inspected by the government before it is sold.
E) Food labels must contain a notice that all impurities cannot be eliminated.

Question 39

The Consumer Product Safety Commission is empowered to do all of the following except:

A) adopt rules and regulations to interpret and enforce the Consumer Product Safety Act
B) conduct research on the safety of consumer products
C) issue comparative safety ratings of competing products
D) order a manufacturing to recall,repair,or replace a dangerous product or take other corrective action
E) the Consumer Product Safety Commission can do all of the above

Question 40

The Federal Trade Commission Act was enacted in 1914.

Question 41

Why was consumer protection not part of the law of the United States until relatively recently? Have consumer protection laws become too strong?

Question 42

A furniture store in a college town advertised a convertible futon sofa sleeper as "Big enough to sleep two people; nice oak finish; wide choice of fabrics; $199." Bob is interested in the item and goes to the store.When he arrives at the store he is told that there are only a few left and that there wasn't one set up.The salesperson says that he does not know where the ones in the warehouse are and that it will take a while to locate them.The salesperson tries to interest Bob in some of the more expensive models in the showroom,but Bob is not interested.Finally,Bob is able to see the $199 model.Even when opened out as a bed,it is several inches narrower than a full-size mattress.In addition,the finish on the wood is poorly applied.Lastly,Bob is told that the only fabric colors are white,gray,and black,and that they are currently out of stock on the gray and white.Has the store violated Federal Trade Commission regulations?

Question 43

The Disco Shop sells stereos in all price ranges from inexpensive to very expensive.The sales people work on commission.They earn a 20 percent commission on the expensive items and only 2 percent on the cheaper items,leading the sales people to prefer selling the more expensive items.Disco makes more profit on the more expensive items.Is this an unlawful bait and switch?

Question 44

Should the Federal Trade Commission take a hands-off approach to regulating deceptive advertising? Should consumers be responsible for verifying the claims in advertisements? Why or why not? In what circumstances might regulation be most appropriate?

Question 45

Which of the following statements would not be deceptive under Section 5 of the Federal Trade Commission Act?

A) "This toothpaste cleans 50 percent better than others," but this claim cannot be proven.
B) "This car is a great car," but it is not a great car.
C) "This car is a 2002 PT Cruiser" when it really is a 2001 model.
D) "This deodorant keeps you drier than any other brand," but there is no evidence of this.

Question 46

Maggie is a homeowner.An unsolicited door-to-door salesperson came to Maggie's house and sold her an encyclopedia set.Maggie decided that she no longer wants the encyclopedia.What can Maggie do?

Question 47

Which of the following is not true about door-to-door sales in most states?

A) In order to cancel a sale,the consumer must send a notice to the seller.
B) There are protections for consumers because of the high pressure used in some door-to-door sales.
C) The consumer usually has a reasonable time to cancel the sale.
D) The salesperson must permit cancellation of the sale if the consumer gives notice within the appropriate time.

Question 48

Which of the following situations would not be deceptive under Section 5 of the Federal Trade Commission Act?

A) A shaving cream manufacturer uses Plexiglas covered with sand to represent sandpaper in demonstrating its product,without disclosing that the Plexiglas is not sandpaper.
B) An ice cream manufacturer uses scoops of mashed potatoes to represent ice cream in its commercials,because ice cream melts too fast.
C) An ice cream manufacturer uses scoops of mashed potatoes to represent ice cream in its commercials,and then shows a close-up of the potatoes and mentions how rich the ice cream looks.
D) A mouthwash manufacturer states that its product helps prevent colds,but there is not evidence to support this.

Question 49

Just for fun,Sue took her new jar of peanut butter to a friend who works in a lab and asked him to analyze it.The friend then correctly reported to Sue that he had found 12 insect fragments in the 2-pound jar.Sue is disgusted and mad as she can be.Which of the following is true in these circumstances?

A) The maker of the peanut butter is liable for false and deceptive advertising if the presence of insect fragments was not noted on the label.
B) The maker of the peanut butter is liable for selling adulterated food because the insect fragments were present.
C) The maker of the peanut butter violated the Nutrition Labeling and Education Act if it did not include the nutrients and other information from the insect parts on the nutrition label.
D) The maker of the peanut butter has not violated any food cleanliness or safety standards.
E) A and B

Question 50

Under what circumstances should the Food and Drug Administration speed up the approval process for new drugs? What are the risks of this and how might they be minimized?

Question 51

Steven owns his own home.Carl is a salesperson for the A-1 Home Improvement Company.Carl comes to Steven's house,without invitation,and sells Steven some replacement windows on credit.Steven uses his house as collateral for these windows.Later,Steven decides that he does not want the windows.Which of the following best describes Steven's possible actions?

A) Steven has 3 business days to cancel the contract.
B) Steven has 7 business days to cancel the contract.
C) If A-1 failed to notify Steven of his right to cancel the contract,Steven has 2 years to cancel the contract.
D) Steven is liable under the contract; he has no right to cancel the contract.

Question 52

Which of the following practices is not a bait and switch?

A) Running out of the advertised product because the high demand was not anticipated.
B) Refusing to show customers the advertised product.
C) Discouraging employees from selling the advertised product.
D) Not having adequate supplies of the advertised product on hand.

Question 53

In order for a party to be liable for false and deceptive advertising,it must be shown that:

A) the advertisement has deceived a majority of the persons who have seen it
B) at least some persons have been deceived by it
C) the plaintiff in the lawsuit was deceived by it
D) the advertisement is likely to mislead a reasonable consumer
E) the advertisement could possibly mislead some consumers