THIRD EXAM STUDY GUIDE:
Deceptive Advertising: Part 1
(For Friday, read Gower and Senat.)
- Gower: pp. 41-47
- What is the FTC? Its background and purpose?
- What is the definition of an unfair act or practice? When does this issue most often arise? Substantial injury typically involves what?
- What is the FTC's definition of deceptive advertising?
- What is meant by material? What kinds of claims are material? Which kinds of mock-ups or fake demonstrations are misleading?
- In what ways can advertising be likely to mislead?
- What is meant by "reasonable consumer"? What basic rules apply?
- What is meant by substantiation? What rules apply? What has been the major effect of substantiation? How does substantiation apply to public relations material? Can a study paid for by the client be described as an "independent" study?
- Why does the small print at the bottom of the ad not necessarily save the ad?
- Can insignificant facts be presented in a way that they appear significant? Examples?
- What is puffery? Why does the FTC not pursue these claims? The FTC is not greatly concerned with advertising for what kinds of products or services?
- Through what means does the FTC let advertisers know in advance what will be considered deceptive?
- Know about these FTC tools for combating deceptive advertising:
- Consent decrees/orders
- Corrective advertising
- Affirmative advertising
- What are an advertiser's defenses against a false advertising claim?
- What do courts consider in determining if an advertising agency or public relations firm is liable for the misleading or deceptive ad?
- Senat: pp. 214-17
- Why is false advertising not given First Amendment protection?
- How do Oklahoma's statutes define deceptive advertising?
- Be familiar with the types of deceptive advertising targeted by Oklahoma's Deceptive Trade Practices Act.
- What civil lawsuits may be brought against deceptive advertising? What damages may the plaintiff recover?
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