notes- UGA nate
evans test
questions and
answers
Substantiation - answer What can be
measurable or proven
Deception vs Puffery - answer
Deception is actionable.
- illegal
Puffery is not actionable
- legal
,- statements can neither be proven
or disproven
Deception - answer Lie likely to
mislead.
A consumer acting reasonably.
Must be "material"
example. Duracell "lasts even
longer" (cost more and did not last
longer than others)
Puffery - answer Exaggeration or
overstatement.
Expressed in broad, vague language.
Not An advertisers opinion of a
product that is considered a
legitimate expression of biased
opinion.
,Not misdescriptions or false
representations of specific
characteristics.
FTC - answer Federal Trade
Commission created in 1914 to
prevent unfair competition and
monitor and deter false, fraudulent,
misleading, or deceptive advertising.
FTC 3 part test - answer 1) There
must be a representation, omission,
or practice that is likely to mislead
the consumer.
2) The act or practice must be
evaluated from the perspective of a
reasonable consumer.
3) The representation, omission, or
practice must be material- that is,
, likely to affect a consumer's choice
or use of a product or service.
Material - answer Impactful to
behaviors.
(attitudes and thoughts)
What will the FTC make you do if you
make deceptive ads? - answer -
Stop/Change ads
- "cease and desist" $10,000/a day
-Publicize corrective -ads
-Pay fines
How does the FTC become aware of
deceptive practices? - answer
Consumers, other advertisers, or FTC
staff.