Josh and Breakout Skincare

With marketers aiming their advertisements more towards teens every day, researchers are looking into how effective and ethical these advertisements really are.

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).

Another legal definition can be found under the Lanham Act where it is defined as, “Under Section 43(a) of the Lanham Act, a claim can be made against a defendant for false or misleading advertising. For a claim against a defendant for false advertising, the following elements are met and the plaintiff must show: (1) defendant made false or misleading statements as to his own products (or another’s); (2) actual deception, or at least a tendency to deceive a substantial portion of the intended audience; (3) deception is material in that it is likely to influence purchasing decisions; (4) the advertised goods travel in interstate commerce; and (5) a likelihood of injury to plaintiff. However, the plaintiff does not have to prove actual injury.” The Lanham Act has a more specific and

Advertisements are an important vehicle designed to promote or help sell a product, service or idea (Young, 2014, p.35). As a dimension of IMC, advertising is “…most often associated with offenses that attract attention from critics and regulators alike” (Young, 2014, p.34). This can be

Advertisements are everywhere. They are a major part of modern day society. Whether it be a television commercial, an internet banner, or a billboard, advertisements influence people of all ages, but they affect a certain age group much more than others. Children ranging from toddlers to teenagers are exposed to thousands upon thousands of advertisements each year. Some of these advertisements are damaging to children, while others are a positive influence. Advertisements can either be used as a tool or a weapon. Food advertisements and manipulation strategies are both positive and negative, and how companies use them decides whether or not marketing to children is ethical.

A’s promise to B can only be enforced by B if B has given consideration for that promise;

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.

The following case American Agricultural Chemical Co. v. Kennedy & Crawford, 103 Va. 171 (Va.1904) it is expressed that; where the consideration for the promise of one party is the promise of the other party, there must be absolute mutuality of engagement, so that each party has the right to hold the other to a positive agreement. Both parties must be bound or neither is bound. A party making a promise is bound to nothing until a promisee, within a reasonable time, engages to do, or else do or begins to do, the thing which is the condition of the first promise. Until such engagement or such doing, the promisor may withdraw his promise, because there is no mutuality, and therefore no consideration for it.

As people continue to live with advertisements, they may alter who we are in some aspects of life. In Eric Schlosser's acclaimed book, Fast Food Nation, the "Kid Kustomers" chapter puts the spotlight on children's advertising, how it affects them, and what Madison Avenue does to achieve in such a field. Schlosser notes that advertisers persuade children by convincing them into various nagging tactics [to be continued]. [Elaborate on Schlosser's excerpt in no more than 2-3 sentences; reflect back to my early years of computer use, notably when my parents scolded me for going into a questionable site]. Keep in mind that kids are not the only ones to be easily persuaded by advertisements. The most vital weaponry advertisers use to snatch kids and adults likewise are — simply put — words. American linguist William Lutz presents "weasel words" in his article, "With These Words, I Can Sell You Anything," and how advertisements use these manipulative words to cheapen the lives of consumers. Words like "help," "virtually," "new," and much more to list, easily convince people to believe that some products will do as advertised. For the most part, the ads for those products are dishonest as their words mean nothing in truth. The trick with "weasel words" is they lead consumers into a fantasy, and typically they will not be able to make this distinction. Companies can be hit by lawsuits depending on the context of their ads, however they will continue to trick consumers into believing the life-changing, but hollow potential of their products in any case. On the whole, advertisements shape us as individuals in some circumstances as we regularly take them for

It is the viewer's choice to determine if the product is really what the advertisement says it is or if it is just persuading weasel

Each day we are bombarded with advertisements from a plethora of corporations in every waking moment of our lives. Advertising agencies have become so advanced at what they do, that often times we may not even realize we are being advertised a product. This raises an interesting ethical dilemma over a certain type of advertising: persuasive advertising. Philosophers, economists, and business professionals have debated over whether or not persuasive advertising is an immoral violation of the autonomy of consumers. While not all forms of advertising are in and of themselves certainly immoral, persuasive advertising is particularly reprehensible due to the fact that not only does it manipulate our unconscious desires of which we are completely unaware in order to sell a product, but it also routinely leads us to act against our own best interest, thus overriding our autonomy.

The definition of advertising is outdated. It was previously, to endorse a product and praise goodness to induce the public to buy. They are now brainwashing consumers to buy their products using images to sell the product. The advertiser’s aim is to make the product look as good as it can through an attractive image. There are statistics, which I obtained from a Dolly Magazine, 16th May 2000, which proves that one out of four people in Australia buy a product because of the image shown in the advertisment. The images are eye catching and mention something important about the product. Ultimately it is true that, “Advertisers sell images, not products.”

Offer is the promise made by the offeror. Generally, advertisement is the invitation to treat. Invitation to treat is different to the offer, so the advertisement is not an offer. (Partridge v Crittenden［1968］ 1 WLR 1204)

In the article “Consideration - in Acceptance of Contract”， this support Robert’s (2015) evidence that if an act is performed then a subsequent promise to pay by reference to that act is not enforceable as the consideration was past. Other that, he also noted that if there was an implication; the past promise to pay is enforceable.

Before unilateral contracts come into place, contract law is about a promise for a promise. Cases such as Carlill v Carbonic Smoke Ball Co. have shown how the contract law has adapted to accommodate this form of contract. Judges seek to identify consideration and acceptance in unilateral contracts whilst managing to achieve a balance between protecting reasonable expectation of an honest man and retaining respect for the sanctity of contract.