JOMC 486 Mass Media Law-Final Exam with Questions and Answers, Exams of Journalism

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FTC policy on deceptive advertising: ANSWERV V |. There must be a representation, omission, or practice that is likely to mislead the consumer 2. The act or practice must be considered from the perspective of a reasonable person 3. The deception must be material MeNéeil v. Pfizer ANSWERV V A company launched an advertising campaign for Listerine Mouthwash, in which it was implied that listerine is as effective at fighting plaque and gingivitis as floss. A competing floss company sued for false advertising in violation of the Lanham act, and unfair competition in violation of state law. Judge recognized floss company's claim of literal falsity and on its implied falsity claim. In the end, Listerine ads could still use their studies to support the claim that their product fights plaque and gingivitis, as long as it does not invoke a comparison to floss (name the case) 4 areas of concern in deceptive advertising ANSWERV V 1. the use of mock-ups (fake versions of the product) in advertisements 2. substantiation of advertising claims 3. price claims and bait advertising 4. use of endorsements FTC on substantiation ANSWERV VJ Advertisers must have a reasonable-basis for the claims before including them in advertisements First amendment protection for advertising: ANS WERV V Used to be assumed ads didn't have Ist amendment protection, until the central hudson test