Most legal issues in advertising are based on ___ - Answers the idea of deception
Example of deception in advertising: Listerine case - Answers 1975: Listerine claimed that it could cure
colds but that claim was deemed deceptive/illegal.
Example of deception in advertising: Outcome of Listerine case (the consequences) - Answers Listerine
was forced by FTC to spend $10 million on corrective advertising that literally said "prior advertising was
a lie"
What is dangerous about making claims? - Answers The more specific a claim is, the more easy it is to
measure aka don't make outlandish claims
Main Idea of making claims - Answers you have to be able to back up your claims
Example of a claim: Skechers (Kim K commercial) - Answers Claimed that wearing shoes gets you a
workout and that you no longer need a trainer. Claim could not be backed up
Example of a claim: Outcome of Sketchers case (the consequences) - Answers The FTC ordered a
subpoena from Skechers for supporting information. Did testing in a lab/real world settings
Example of a claim: Audi and Volkswagon - Answers Claimed their diesel cars were clean and
environmentally friendly (implied through commercials) unsubstantiated and deceptive
Example of a claim: Outcome of Audi and Volkswagon case (the consequences) - Answers FTC made VW
pay almost $25 billion to both consumers and non-consumer related sectors
What does FTC stand for? - Answers Federal Trade Commision
What is substantiation? - Answers It's what is measurable or can be proven
3 different types of claims - Answers explicit, implied or demonstrated (usually implied)
Example of a people complaining about a claim: Nissan truck - Answers crossed threshold (usually 15-
20%) of the amount of current and potential consumers complaining about capabilities of the truck
because of the commercial
Audi Commercial - Answers green police: arresting people for not being environmentally friendly. Audi
car gets stopped at an "Eco Check" passes all the traffic because it has "clean diesel"
Nissan Truck Commercial - Answers ATV is stuck going up a steep sand dune, Nissan truck comes in and
pushed the ATV and itself up the dune. People in commercial are very impressed
Sketchers Commercial - Answers Kim K is sexily working out with her trainer, says it's not him it's the
sneakers. Breaks up with the trainer because the new tennis shoes help her workout instead
, Listerine Advertisement - Answers Print advertisements that show pictures of people using Listerine and
slogans that claim that using Listerine will cure the common cold
Example of a measurable claim: Crest Toothpaste - Answers "Crest fights cavities" how do you measure
"fighting" --> this is a pseudo claim (we're not told HOW Crest fights cavities, just that they do...
Example of a measurable claim: Windex - Answers "Windex has better cleaning action" —> there's no
referent - There's a comparison with an unidentified other
Example of a measurable claim: Apple - Answers "Apple is new and improved" —> what aspect is new
and improved? There's a comparison of a product to its earlier form, and there's
no distinction as to what is being improved
Example of a measurable claim: Pontiac G6 - Answers "Pontiac G6 coupe has the most head room in its
class" only true because it's the only car in its class (which means the comparission is irelevnt)
Example of a measurable claim: Scope Mouthwash - Answers "4 out of 5 dentists recommend Scope" —
> who are the five dentists?
- We have no idea who the dentists are, so this is a pseudo survey
If a statement is not measurable ___ (what can the FTC do?) - Answers nothing, since they aren't
measurable the FTC can't do anything about it
Deception - Answers actionable, a lie that misleads, and must be "material" to a consumers actions
Puffery - Answers not actionable
Examples of Puffery - Answers 1. Exaggeration / overstatement
2. Broad, vague language
3. NOT mis-descriptions or false representations of specific characteristics
4. Hyperbole
What is the FTC's primary function - Answers to prevent unfair competition but also to deter false,
misleading, deceptive advertising
Central Hudson Tests in 1983 - Answers 3 part test to figure out if advertising was deceptive
Central Hudson Test part #1 - Answers 1. Advertisement must be a representation, omission or practice
that is
likely to mislead consumer