The advertiser can refuse to sign the agreement. E. Most media reject political ads. All commercial e-mail "that includes sexually oriented material" must also include a warning label on the subject line. B. a superlative; illegal A. Listerine. True (Firms in monopolistically competitive markets invest in advertising more than firms in other markets. -beneficiaries -defer all costs to the federal government for public assistance programs, receive matching funds to expand public assistance programs, ownership of a life insurance policy may be temporarily transferred with a(n), replacement regulation is designed to protect the interests of A. ad substantiation C. consumers recognize puffery and don't believe it. CAN-SPAM Act Privacy on the internet-in particular, companies and advertisers tracking and monitoring the Web sites consumers visit-is now a major concern of the FTC. -an advertiser has already put out a campaign and the FTC finds out later; most common -all serve 7 terms -is made available after paying a $50 fee. If you go to work at an advertising agency, you must understand that your agency may be held liable if it is an active participant in preparing a deceptive advertisement or if it knows or should know that an ad is either false or lacks substantiation. The government justified the rule by arguing that it sought to discourage young drinkers from buying a particular beer or malt liquor because it had the highest alcohol content. C. Bureau of Alcohol, Tobacco and Firearms *Remember, a mass medium is permitted to reject any content it chooses, with or without a reason. -survivorship, in contrast to a guaranteed renewable policy, a non cancellable policy The test is whether the consumer's interpretation or reaction is reasonable. E. Federal Communication Reform Act. -producers, a guaranteed issue insurance policy has no The advertiser is simply asked to prove the claims are truthful.The substantiation process today involves panels of experts who scrutinize advertisements and target for documentation those claims that seem most suspect. B. Guides or advisory opinions that attempt to outline in advance what advertisers may say about a product B. Puffery is banned in a 1996 revision of the Uniform Commercial Code. -divorced spouse of employee A. Nor were there limits on the words a brewer could use to describe these products. Solve the present value formula (5) for nnn. -policy owners from misrepresentations and loss of benefits There was no government ban on the disclosure of the alcohol content in advertising for these brews, Justice Clarence Thomas wrote. A. Federal Communications Commission. C. are issued by the Federal Trade Commission. -protections of proceeds against the insured's creditors -if you're saying something subjective ("old puffery"), you are not likely to get in trouble with the FTC for false advertising, Guides: A. cease-and-desist order Which type of life insurance policy is this? Litigated Order: But if the commissioners support an administrative law judge's ruling against an advertiser, the order becomes law after it is finalized by an appellate court. Self-regulation by the advertising industry has increased in recent years, especially with the growth of comparative advertising. II. There was time when competition between businesses hardly existed. In 1938 Congress adopted the Wheeler-Lea Amendment to the Trade Commission Act, which gave the FTC the power to proceed against all unfair and deceptive acts or practices in commerce, regardless of whether they affect competition. The majority of the court in Livestock Marketing Association, however, distinguished that case and others like it on the ground that the beef situation was a compelled-subsidy case--not a true compelled-speech case--and, more impotrtant, the advertising campaign itself represented "government speech," not speech by a private person against his or her wishes. -establish insurer rates A. U.S. Court of Appeals can review all commission order.s D. Bureau of Consumer Protection Voluntary compliance: A. Independent Business Alliance the reinstatement provision in a health insurance policy is in which of the following situations would the insurer be liable for a loss? The FTC wanted to make sure consumers were not under any false impression that Doan's was a superior medication. First, the agency was given the power to issue trade regulation rules defining and outlawing unfair and deceptive acts or practices. Food and Drug Administration. Uder the terms of the CAN-SPAM Act, each separate e-mail in violation of the law is subject to penalties of up to $________________, and more than one person may be held responsible for violations. E. Trade Regulation Act. -does not include political calls or spam artists -indemnity E. advertising substantiation. which of the following statements is true? 1. E. avoid comparative advertising. Other times the ads themselves might be regarded as tasteless, like an advertisement for clothing in which then models are scantily dressed or posed erotically. C. a cease-and-desist order. In 1995, the Federal Trade Commission issued a complaint against the manufacturers of New Balance and Saucony athletic shoes based on their "Made in the USA" advertising claims. Although that slogan at first may seem to benegit the entire beef and cattle industry, a number of cattle producers objected to it because, as the Supreme Court put it, "the advertising promotes beef as a generic commondity, which, they ccontended, impedes their efforts to promote the superiority of, inter alia, American Beef, grain-fed beef, or certified Angus or Herefore beef." C. puffery. Circuit Court of Appeals held that Craiglist was protected from liability by Section 230 of the Communications Decency Act (CDA) after it posted rental ads with discriminatory statements such as "no minorities" and "no children" that violate the federal Fair Housing Act. -insurance company, an insured's status under social security can be described as.. Pr(\operatorname{Pr}(Pr( Audi after VW) =0.8Pr(=0.8 \quad \operatorname{Pr}(=0.8Pr( Ford after VW)=0.2\mathrm{VW})=0.2VW)=0.2. B. implied uniqueness Federal Trade Commission Under the Wheeler-Lea Amendment, the Federal Trade Commission is empowered to stop an advertiser from making a specified claim within 30 days and refrain from doing so until a hearing is held. *A First Amendment right not to be compelled by the government to speak has been recognized by the Supreme Court in some situations. -shared The publicity can do more harm to the advertiser than a monetary fine. "acting reasonably in the circumstances" In brief, Roomates.com was more akin to a publisher or speaker rather than a mere conduit for the information that it posts. -arbitrate claims -$500,000 D. Food and Drug Administration This is known as: insured suffered an injury as an innocent bystander during a bank robbery. Finally, via TRRs the FTC is able to deal with problems more evenhandedly. B. If Parramore could lower its inventories and receivables by 10 percent each and increase its payables by 10 percent, all without affecting sales or cost of goods sold, what would be the new CCC, how much cash would be freed up, and how would that affect pretax profits? The next remedy on the ladder is voluntary compliance and is used for advertising campaigns that are over or nearly over. -policy owner *2. C. Advertising for contraceptives is completely banned on all networks since 1995. WebStudy with Quizlet and memorize flashcards containing terms like Any administrative action taken against a producer MUST be reported to the director within ___ days after the final disposition., How many days notice does the Affordable Care Act require insurers to give before rescinding coverage?, According to the Affordable Care Act, new health Insurance D. Advertising deregulation B. -Trade Regulation Rules. D. advertisers, agencies, and the media. "The commission generally will not bring advertising cases based on subjective claims (taste, feel, appearance, smell)," according to the guidelines. If an ad represents, wither directly or by implication, that the endorser is an expert, then the endorser's qualifications must in fact give him or her the expertise that he or she is represented as possessing with respect to the endorsement. all commercial e-mails must disclose a) it is an advertisement or solicitation, b) an opt-out mechanism, and c) a "valid physical postal address.". E. dealt with consumers' rights regarding product warranties. 2. E. U.S. Supreme Court rulings, The _____ moved against a number of national advertisers as a result of inactivity by the Federal Trade Commission (FTC) during the Reagan administration. For instance, in 2012 CARU recommended that the maker of Bratz Party Dolls alter packaging that featured the text "now with 100s of poses" and included photos of 3 dolls posed without assistance in various stances. *Child Advertising Review Unit (CARU)*. There has also been a rapid increase in lawsuits brought by advertisers against one another under Section 43(a) of the Lanham Act. People who work in advertising must be aware of such rules as well as all other regulations (libel, invasion of privacy, obscenity) that restrict the content and flow of printed and broadcast material. Admisnitrative law judges can hold hearings, which are somewhat like trials, to determine whether the FTC charges are valid. B. Also, advertising aimed at a special vocational group, such as physicians, will be evaluated from the perspective of a reasonable member of that group. E. dealt with consumers' rights regarding product warranties. Federal Trade Commission -person's health claim Information, Health Chapter 10 Exam - NJ Laws and Rules, Health Policy Provisions, Clauses & Riders, Fundamentals of Financial Management, Concise Edition, Marketing Essentials: The Deca Connection, Carl A. Woloszyk, Grady Kimbrell, Lois Schneider Farese, Critical Point Personal hand hygiene, garbing. It applies to "commercial electronic mail messages" that have as their "primary purpose" the "commercial advertisement or promotion of a commercial product or service." For instance, in 2010 the FDA issued a warning letter to Dreyers Grand Ice Cream regarding the labeling off its Nestle Drumstick Classic Vanilla Fudge Product. D. puffery is illegal. Although CAN-SPAM does not provide a civil remedy for those of us who receive spam, a provider of Internet access service that is adversely affected by spamming activities on its service may bring a civil lawsuit against the spammer in any federal court in the U.S. seeking both a permanent injunction to stop the spamming and monetary damages for harm caused by the spam. All the commission must prove is that the advertiser had actual knowledge of the trade regulation rule, or "knowledge fairly implied from the objective circumstances.") -If an ad represents that an endorser uses the product, then the endorser must have been a bona fide user of it at the time the endorsement was given and, in addition, the advertiser may continue to run the ad only so long as it has good reason to believe that the endorser remains a user of this product. D. Robinson Patman Act Which of the following statements about a consent order is true? Advertising must be truthful and not misleading, with misleading ads sweeping up those in which relevant information is omitted, those that imply something that's not true and those in which any disclaimers or disclosures are not clear and not prominent enough for reasonable consumers to see, hear and understand them. the basic defense against any false advertising complaint, traditionally, advertising agencies and publishers were not held liable in cases of false or harmful advertising which the advertiser agrees to refrain from making specific product claims in future advertising, chapter 9: Records and meetings (gathering in, Practice Exam: Life and Health Q's to practice, Supreme Court Cases AP Government and Politics, Donald E. Kieso, Jerry J. Weygandt, Terry D. Warfield, Marketing Essentials: The Deca Connection, Carl A. Woloszyk, Grady Kimbrell, Lois Schneider Farese, Daniel F Viele, David H Marshall, Wayne W McManus.

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