False Advertising.

: False Advertising Write an essay, type-written, no more than 4-pages in length (4 pages is the maximum), with 12-point font, 1.5 spacing between lines, and standard margins in which you answer prompts (I), (II), and (III) completely. Essays are worth 100 points: 90 for content, and 10 for grammar. Essays are due by the beginning of class on Saturday, November 3. The late penalty is: -20 points each 1 week (each Saturday) your essay is late, no exceptions. You may turn in a paper copy of the essay, or email your essay to me as an attachment at @ but the deadline applies in real time: If I do not have, cannot open or print, your essay by the start of class on November 3, it receives the late penalty, even if you sent it on time. Once I print an essay, I will reply to let you know I have it. (I) Choose 2 of the 3 advertisements (Coolsculpting, LifeLock, and Super Beta Prostate) and find 3 separate deceptions in each. Prove each of those 3 deceptions are in fact misleading and deceptive, first by quoting the entire portion you are using as presented here, and then by analyzing exactly why those exact words mislead a reasonable consumer. What would a reasonable consumer assume based on those exact words? What is implied and what is really the case? Explain. (Do not use any other ad or online source of information for this essay. Analyze exactly the words given here and no others. Do not use any online research to make your case. Use only facts and principles known by any reasonable and informed person.) (II) For the Loreal Shampoo ad, create a government regulation which would extend to all such ads: How should the government regulate all such ads to ensure they are not deceptive or misleading but in fact genuine and true depictions of the product? Explain. (III) Describe an ad (radio, TV, internet, magazine, or billboard) you find to be a false advertisement based solely on the ad itself. Give a description sufficient for a reader of your essay to understand the ad. Do not portray a product you purchased which failed or didn’t live up to expectations. You are describing an advertisement which itself (without buying the product) is deceptive. What makes it a deceptive ad? According to the Federal Trade Commission Act, advertising must be truthful and non-deceptive to be legal. Advertisements are deceptive if they contain information which is likely to mislead consumers acting reasonably. The FTC reviews ads from the vantage point of a “reasonable consumer.” Considering at individual words and phrases, entire sentences, images, and the context of the ad, if an explicit or an implied claim in an advertisement is misleading or deceptive to a reasonable viewer, the ad is considered false and illegal. The advertisement deceives if it causes a reasonable customer to believe something that is false or extremely unlikely (given a basic understanding of the world). Puffery, however, is legal: “Smoothest shave,” “greatest movie,” “happiest place on earth”: such superlatives are considered to be exaggerations or opinions that are obviously exaggerations or opinions to a reasonable consumer. They are not considered to be misrepresentations since everyone knows “best cereal ever” is not a fact. CoolSculpting Advertisement: SAY GOODBYE TO MUFFIN TOPS AND LOVE HANDLES. CoolSculpting was developed by renowned Harvard University scientists, Dieter Manstein, MD and R. Rox Anderson, MD. CoolSculpting technology was born of the observation that some children got dimples due to eating popsicles. The idea that cold can selectively affect fat cells was the insight behind Cryolipolysis, the proven science on which CoolSculpting is based. CoolSculpting is the coolest, most innovative, non-surgical way to lose those annoying bumps and bulges of stubborn fat. This revolutionary technology targets and cools unwanted fat cells in the selected area to induce a noticeable, natural-looking reduction in fat bulges. Unlike most other methods of fat reduction, CoolSculpting involves no needles, no surgery, or downtime. Patients often spend procedure time reading, working on their laptops, or simply relaxing. It’s safe, FDA-cleared, and effective. Results look natural and can be seen as early as three weeks following treatment, with the most dramatic results after one to three months.

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