Supreme Court Cases and FTC Regulations on Deceptive Advertising: A Comprehensive Overview, Quizzes of Mass Communication

Download Supreme Court Cases and FTC Regulations on Deceptive Advertising: A Comprehensive Overview and more Quizzes Mass Communication in PDF only on Docsity! TERM 1 Valentine v. Chrestensen, 1942 DEFINITION 1 U.S. Supreme Court said advertising received no First Amendment protection TERM 2 Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, 1976 DEFINITION 2 purely commercial speech receives First Amendment protection.But government may regulate ads that are false, misleading, or deceptive or promote illegal products or services.Central Hudson Gas & Electric Co. v. PSC, 1980. The Court articulated the Central Hudson test. TERM 3 four-part test developed by the Supreme Court in Central Hudson DEFINITION 3 1.) Is the expression eligible for protection under the First Amendment?If the ad is false, deceptive, misleading or promotes illegal activities or products, the answer to this question is no, and the case ends here.2. Is the asserted government interest in regulation (reason for regulating) substantial?3. Does the regulation directly advance the government interest?4. Is the regulation narrowly tailored to achieve the desired objective? Is there a reasonable fit between the government interest and the regulation? TERM 4 The FTCs definitions of a deceptive ad DEFINITION 4 An ad is deceptive if it contains a representation, omission or practice that is material and likely to mislead consumers acting reasonably [to their detriment].The FTC now tends to focus its regulatory efforts on deception that may cause consumers physical or economic harm. TERM 5 The two basic questions the FTC asks DEFINITION 5 CONSUMER PERCEPTION: What claims does the ad convey to reasonable consumers?SUBSTANTIATION: Does the advertiser have competent and reliable evidence to substantiate those claims?The FTC looks to the net impression the ad conveys to consumers.Companies are responsible for all claims, express and implied, conveyed to reasonable consumers.Claims may be conveyed non-verbally.Claims may be conveyed comparatively.Ads may be deceptive by omission.Fine-print disclosures wont generally correct a misleading net impression.