Communication Laws : False Advertising And Communication Law

Advertising is “false or misleading” under Cal. Bus. & Prof. Code § 17500 if it contains “untrue or misleading” claims without adequate qualifying statements. Freeman v. Time, Inc., 68 F.3d 285, 289 (9th Cir. 1995).

Although false advertising laws differ from country to country, in the United States there are two ways that in which false advertisements are regulated. The first way of regulation is taking the company directly to court. This works best if a consumer is able to prove that the advertisement is misleading. In court, if the decision is made in favor of the plaintiff the company must immediately end the advertisement, be forced to pay fines, and may even have to recall their product. This rarely happens because of the time and money that must be spent concerning the legal system. The second way false advertising is regulated is through a mediating association. The association that specifically

The Federal Trade Commission(FTC) was created in 1914. It was created to ensure that there were no businesses that were anticompetitive; meaning that there wasn’t one company or business that was creating a monopoly. The FTC has three main goals; they are to protect consumers, maintain competition, and advance performance. They protect the consumers by preventing fraud and making sure businesses are fair in the marketplace. They maintain competition by preventing companies from merging together and creating a monopoly. Finally, they advance performance by advancing the FTC’s performance through organizational, personal, and management excellence. The FTC is very beneficial, and although not everybody knows about it, as a consumer it helps with the economy of every American. Throughout the years since it was created, there has been more laws added that help keep businesses

The average United States Citizen views about 5000 advertisements a day (Johnson). Advertising is everywhere. Billboards on the way to work, ads on the internet, and paper products such as magazines or newspapers display a sale or a promotion of a good or service. Usually, the ad will give a brand or company name, and uses the product’s merits to draw the consumer closer. This has grown exponentially as advertisements in media in 1970 were estimated to be 500 a day, a ten percent increase in the last 48 years. (Johnson). This is due to the rise of technology, as the computer has become a household gadget within the new millenium. These advertisements are meant to give a synopsis of the product or service’s purpose, quality, and efficiency. If a consumer views 5000 advertisements in a single day and assuming the commercials do not repeat, 5000 goods or services are introduced. With more options to choose from in such little time, the consumer has a harder time differentiating the quality and perhaps necessity of the product. The marketers rely on the quick, impulsive decision making of consumers. With the misleading nature of many infomercials or radio broadcasts, the people of American society are bombarded with constant propaganda, thus making seemingly harmless promotions more potent to filling industries’ pockets and lessening the common population’s

The Federal Trade Commission enforces these truth-in-advertising laws, and it applies the same standards no matter where an advertisement appears – in newspapers and magazines, online, in the mail, or on billboards or buses.” The Federal Trade Commission does not have one clear definition, but it does explain that companies and services are not allowed to exaggerate their content or images in order to advertise to their consumers to purchase a specific product or service. Again, these advertisements can be seen throughout the media as well as in the public.

It also declares an “unfair method for the sake of competition that affects commerce, and also being involved in the deceptive acts which affect commerce, are declared unlawful.” The Don’s restaurant is rather famous and has great market value. This means that there must be competitors in the market for Don’s restaurant to participate in various acts. The truth will be known once the investigations have been made. Injustice and deception for the consumers symbolizes two separate areas of the FTC authority and enforcement. The FTC has the authority to overtake all the unfair techniques of the competition between the businesses (Macaulay, 1979).

The paper will serve as a historical background overview of how the Federal Trade Commission Act (FTC) came into existence. The paper will also break down the key components for which the FTC covers, such as deceptive advertising, baiting and switching and consumer fraud. There will be examples

1914: Clayton passes the Federal Trade Commission Act to invest trust activity and halt unfair behavior (false ads, adulteration.mislabeling, and bribes).

Advertisements are an extremely prominent part of American society. Very few places exist that an individual can go without being exposed to some form of ad. From product placement to billboards, advertisements exist in nearly every facet of life. Marion Nestle discusses what she considers to be one of the more heinous forms of advertisement in her essay, “The Supermarket: Prime Real Estate.” Nestle uses several persuasive techniques to convince her audience of the evils of supermarkets. Her use of emotionally charged phrases paired with her more logical assertions help to drive her point home while her clear bias and lack of supportive source detract from her overall argument

In the United States, The FTC (federal Trade Commission) has the authority to impose penalty against advertisers whom violate Federal Standards for truthful advertising. The FTC considers a message to be deceptive, if they include statements that are likely to mislead reasonable customers and the statements that are likely to mislead reasonable customers and the statements are an important part of purchasing decision. A failure to include important information are also considered deceptive. Also, the FTC also looks at so-called “implied claims,?” Claims that you don’t explicitly make but that can be inferred from what you do or don’t say.

During the Progressive Era, Regulatory Agencies fail to provide and do their work, legislation ere made with the purpose for the common good of the citizen that suffer from the big corporation abuse, most of the corporation state strict rule but never got to accomplish them or the personal was too much expensive. The Supreme Court during the United State v Knight Company state diminished the effectiveness of the Sherman Anti-Trust act by ruling that manufacturing was not an interstate commerce (Document 5). The Federal Trade Commission, an independent agency of the United State government, established in by the Federal Trade Commission Act. Its principal mission was the promotion of consumer protection and the elimination/prevention of anti-competitive

The Federal Trade Commission enforces a variety of federal antitrust and consumer protection laws. The Commission seeks to

Creating the Consumer Protection Act was the most sensible way of accomplishing the goal of protecting the children from being misled or deceived. The objective of the law is to protect people; this Act was created to protect young children from any possible risks/danger that advertisements might give. The way this Act was created was with good intent, with the children’s safety in mind, and not to limit the rights of any individuals. Therefore, this limitation is clearly a rational connection to the purpose of this

In the late 1960’s, the FTC was a paper tiger. Ralph Nader, who began the consumer protection movement in this country with the publication of Unsafe At Any Speed, was a sharp critic of the Federal Trade Commission for its lack of consumer protection. Specifically, the FTC was criticized because it relied too heavily on consumer complaints and brought enforcement actions only on a case-by-case basis. The consumer protection movement wanted the FTC to proceed against entire industries rather than individual businesses.

The objective of the United States independent regulatory agency is to enforce any regulations of the political influence. The Federal Trade Commission’s goal is to enforce rules that involve businesses being unfair to its consumers and to ensure that business activity is legitimate. FTC serves as a law enforcement related agency protecting the consumers in terms of economy, fraud, and competition. This can relate to scams over the internet, in person, or telemarketing. Scams can be better known as mortgage scams, fake sweepstakes, fake product sales, etc. When they were first started, it was due to biased means of competition with businesses. As time went on, laws were passed which gave more authority to those involved in trying to eliminate