Preview

Misleading Ads

Good Essays
Open Document
Open Document
633 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Misleading Ads
No time for this
To establish that an advertisement is false, a plaintiff must prove five things: (1) a false statement of fact has been made about the advertiser's own or another person's goods, services, or commercial activity; (2) the statement either deceives or has the potential to deceive a substantial portion of its targeted audience; (3) the deception is also likely to affect the purchasing decisions of its audience; (4) the advertising involves goods or services in interstate commerce; and (5) the deception has either resulted in or is likely to result in injury to the plaintiff. The most heavily weighed factor is the advertisement's potential to injure a customer. The injury is usually attributed to money the consumer lost through a purchase that would not have been made had the advertisement not been misleading. False statements can be defined in two ways: those that are false on their face and those that are implicitly false.

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1124853/

deception (bedrog) deceptive (bedrieglijk)

http://legal-dictionary.thefreedictionary.com/False+Advertising

Effects of the 2003 advertising/promotion ban in the United Kingdom on awareness of tobacco marketing: findings from the International Tobacco Control (ITC) Four Country Survey http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2593060/ Lanham act cases http://www.kelleydrye.com/practices/advertising_marketing/lanham_act/42 critics aimed at drug industry for misleading ads http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1124853/ FDA overview: misleading claims in ads http://www.bvsde.paho.org/bvsacd/cd57/gahart.pdf misleading drug ads (ethics in pharmaceutical advertising) http://www.ncbi.nlm.nih.gov/pubmed/8477540 a limit to the advertising misinformation effect on memory http://www.jstor.org/discover/10.1086/383438?uid=3738736&uid=2&uid=4&sid=21101534852463 the cognitive processing of misleading advertisements in young and old adults

You May Also Find These Documents Helpful

  • Powerful Essays

    3. If Iron (II) Sulfate were formed, what mass of Copper would be expected and what is the limiting reagent?…

    • 721 Words
    • 3 Pages
    Powerful Essays
  • Satisfactory Essays

    PHI445 Week2 Discussion 1

    • 488 Words
    • 2 Pages

    In advertising today, there are many misconceptions and falsity in advertisements. We are exposed to countless commercial messages every day persuading us to buy brand name products, creating images for us to adopt, and convincing us that we need and want more. Because of this, it's important for us to carefully examine ads to determine exactly what they are saying. Advertisements can be very misleading and it is not fair to the consumer. Advertisers will make claims about their product or service to convince the consumer because consumers are influenced by advertisements urging them to purchase products that they may or may not need or want. While many of these advertisements honestly inform and educate consumers, some are false, deceptive, and even illegal.…

    • 488 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    This paper will examine the history of the tobacco industry and its advertising campaigns from the 1920s to the present. Some of the issues discussed in this paper will include: What forms of mass communication has tobacco companies used to persuade the public, how changes in technology have influenced the way tobacco companies communicate with target audiences, and how the United States government restrictions affect the current efforts of tobacco companies advertising strategies. Other topics that this paper will expound upon are, the ethics of the tobacco industry’s advertising approaches, how tobacco companies responded to health warnings from the government, and what type of communication models have the tobacco industry used to transmit messages to the public.…

    • 1184 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Michael Jordan

    • 445 Words
    • 2 Pages

    Jordan is one of the most marketed sports figures in history. He has been a major spokesman for such brands as Nike, Coca-Cola, Chevrolet, Gatorade, McDonald's, Ball Park Franks, Rayovac, Wheaties, Hanes, and MCI. Jordan has had a long relationship with Gatorade, appearing in over 20 commercials for the company since 1991, including the "Like Mike" commercials in which a song was sung by children wishing to be like Jordan.…

    • 445 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Logical fallacies are everywhere and are committed by everyone. These fallacies are committed by even people you trust such as politicians, doctors, and even teachers. In the logical fallacy below, the billboard is trying to convince the reader that any atheist is also trying to bring America into another civil war.…

    • 384 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Product Placement In Movies

    • 2316 Words
    • 10 Pages

    “Cigarettes and other tobacco products, along with medicines that are available only on prescription, can't be product placed in any programmes. Alcoholic drinks, gambling products, all other types of medicines, food and drink that is high in fat, salt, or sugar and baby milk can't be product placed in UK programmes. Also, products that can't be advertised (such as guns and other weapons) can't be product placed in UK programmes either” (Kandhadai, Saxena 231). This has been a big controversy. Many tobacco companies and manufacturers have had to withdraw all of their product placements in films, TV programs, and computers games. It was a great idea to get rid of all the products that could be shown on TV. No parent wants their thirteen year old watching a show where cigarettes and tobacco are constantly being shown, and then they know what brands are out there to possibly experiment with because it’s “the cool thing to do”. Believe it or not, kids remember those types of things and if they’re being peer pressured by another kid, they might just try it because their favorite character on TV was doing it. It’s definitely had a more positive impact since those types of products have been prohibited from being used as product…

    • 2316 Words
    • 10 Pages
    Powerful Essays
  • Best Essays

    Pfizer Industry Review

    • 4325 Words
    • 18 Pages

    Shaw, A. ( March 2008). Direct-to-Consumer Advertising of Pharmaceuticals. Retrieved April 3, 2008, from http://www.csa.com/discoveryguides/direct/review3.php…

    • 4325 Words
    • 18 Pages
    Best Essays
  • Good Essays

    3. We should outlaw tobacco ads for a few reasons. Promoting public health is a very important because nearly 1000 people die every day as a result of smoke inhalation. 70% of respiratory or lung cancer are attributed to smoke inhalation. Tobacco adds influence younger age groups by making the drug seem like something that they should partake in. The younger people begin to smoke the better chance they have of being addictive throughout their lives, also making it harder for them to quit. According to WHO, nearly 4000 children under 18 experience with tobacco. According to the American Lung association when children and adolescence are exposed to advertising they have more than double the chances of beginning the use of tobacco. The media falsely portrays the use of tobacco through subliminal messages. According to the Washington Post, people who smoke cigarettes life expectancy decreases by at least 14 years. The media does not portray the adverse affects that can occur over time.…

    • 350 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    In 2014, Dartmouth College and University of Wisconsin-Madison discovered “That nearly 60 percent of prescription drug advertisements are misleading or false, which puts consumers, families, and children at risk.” (“DeLauro Introduces” 5). Dr. Kessler, who in addition to his licence to practice medicine has the distinction of being a lawyer, stresses that in advertising prescription drugs, “There is no place for misleading information or puffery that exaggerates a product's usefulness or understates its risks.” (950). The purpose of DTCA of prescription drugs is to be informative; a product claim advertisements goal is to give a list of symptoms, a solution, and an encouragement to talk to your doctor if you have similar symptoms. This purpose…

    • 230 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    According to Centers for Disease Control and Prevention, tobacco use causes about 6 million deaths per year: 480,000 deaths result from cigarette smoking and 41,000 deaths result from secondhand smoke exposure. Nonetheless, tobacco use is the largest preventable cause of death and diseases every year in the United States. In addition, companies such as The Real Cost are advertising and appealing to youth and adults all over the country in order to save lives; indeed, advertising companies spend millions of dollars on anti-tobacco use ads, but tobacco companies advertise just as much; subsequently, the conflict between the two causes tobacco companies to lack support and not be as effective as they use to be.…

    • 985 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Anyone who owns a tv have most likely stumbled upon a prescription drug advertisement. It rambles on how the medication will cure you and benefit you. Although these advertisements seem innocent and non harmful, it has caused a spark of debates over the past few years. Many agree that drugs should be advertised however, many are opposed to this idea. Drug advertisement can be beneficial to individuals as it informs people on new medication that could help them, make patients more involved in their health, and sparks a conversation between the doctor and patient.…

    • 492 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Americans are bombarded with hundreds of advertisements on a daily basis. Whether it is TV commercials, billboards, radio commercials, or an ad at the side of a web page, advertisements are inescapable. However, there is a certain type of advertisement that Americans are exposed to that most other nations are not: prescription drug advertisements. In a nation built on consumerism, where people are often too easily influenced by the advertisements they see, is this really a beneficial or safe practice? Many would say no.…

    • 1091 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    At-Will Employment

    • 1755 Words
    • 8 Pages

    advertising that makes false claims or misleading statements, as well as advertising that creates a false impression. If retailers systematically advertise merchandise at low prices to get customers into their stores and then fail to have the merchandise, they are guilty of deceptive advertising. Deceptive practices can take many other forms as well, such as false promises, unsubstantiated claims, incomplete descriptions, false testimonials or comparisons, small-print qualifications of advertisements, partial disclosure, or visual distortion of products. Anyone-including the manufacturer of a product, the advertising agency preparing the advertisement, the retailer, or even a celebrity who endorses a product-can be prosecuted for making unsubstantiated claims about a product or service. As a matter of fact, any advertising that leads the consumer to make purchase decisions based on false assumptions about the price and quality of competitive products is considered deceptive practice and is punishable by law. responsibility for enforcement of the laws dealing with unfair and deceptive advertising comes under the jurisdiction of the Federal trade…

    • 1755 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Man in Black

    • 1939 Words
    • 8 Pages

    Tobacco advertising has changed drastically over the years, mainly in terms of an increase in regulation. Cigarette commercials were prohibited from airing on television long ago. Ads that are still able to run elsewhere are not allowed to “glorify” the act of smoking, and they cannot use images or tactics that obviously target children as an audience. They are also legally required to display the Surgeon General’s warnings about the dangers of smoking. But regardless of these rules, tobacco companies still manage to successfully advertise their products, whether ethically or otherwise.…

    • 1939 Words
    • 8 Pages
    Good Essays
  • Good Essays

    “A recent study shows that 25 percent of adult patients who were convinced to see a doctor after seeing an ad were diagnosed with a medical condition.” (Tauzin, president and CEO of PHRMA). This is stating that prescription drug ads help people be aware of diseases that are unfamiliar. Although some of these commercials ads are banned in other countries, the countries they aren’t they save a lot of lives. People may think these commercial ads create a lot of controversy because some may think they don’t help but that is untrue because most commercials provide scientifical facts that the FDA check. Because of the fact that pharmaceutical companies were prohibited from advertising directly to consumers. Creating television ads make it easier…

    • 1180 Words
    • 5 Pages
    Good Essays