Comm. Law. Ch. 15 – Flashcards

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question
Under the Lanham Act, an advertiser can force a medium, like a newspaper, to publish an advertisement: True or False
answer
False
question
Commercial speech did not officially receive any First Amendment protection until the: a. 1920s b. 1950s c. 1970s d. 1960s
answer
c. 1970s
question
Which of the following is not a sanction that may be used by the FTC to control false advertising?: a. reciprocal order b. corrective advertising c. consent order d. ad substantiation
answer
a. reciprocal order
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The Children's Advertising Review Unit is: a. none of these answers is correct. b. part of the FTC. c. a self-regulatory entity. d. part of the FCC.
answer
C. a self-regulatory entity
question
The United States Supreme Court defines commercial speech as: a. advertisements that include the price of a product. b. speech that specifically and with precision mentions the price of a product. c. speech that proposes a commercial transaction. d. advertisements that include the name of a company or manufacturer.
answer
c. speech that proposes a commercial transaction.
question
An advertisement that makes the claim that a company sells "the hottest fashions in town" is known as puffery: True or False
answer
True
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The FTC considers it deceptive if an advertiser: a. makes a false statement. b. omits important information in an ad. c. implies a false claim by juxtaposing two statements. d. all of the above.
answer
d. All of the above
question
In 2012, the FTC reached settlements with which of the following companies over alleged privacy violations?: a. Both MySpace and Facebook b. MySpace c. Neither MySpace nor Facebook d. Facebook
answer
a. Both MySpace and Facebook
question
Advertising agencies and the mass media can also be held responsible for false advertisements: True or False
answer
True
question
At issue in the case of Johanns v. Livestock Marketing Association was/were: a. fraudulent advertisements about milk being "guaranteed" to be 100 percent free of bovine growth hormones. b. fraudulent advertisements about beef being "guaranteed" to be 100 percent free of Mad Cow Disease. c. the marketing of livestock on the Internet by ranchers. d. the compelled funding of advertising for the beef industry.
answer
d. the compelled funding of advertising for the beef industry.
question
Under the Junk Fax Protection Act, unsolicited advertisement faxes are banned unless there is established business relationship between the sender and recipient: True or False
answer
True
question
One of the most notorious individuals who has run of the FTC regulations for his infomercials is a man named Kevin Trudeau: True or False
answer
True
question
The Child Online Privacy Protection Act is designed to protect the privacy of children when they visit websites that attempt to collect personal information from them: True or False
answer
True
question
The U.S. Supreme Court has held that commercial speech that truthfully advertises lawful products receives the same amount of First Amendment protection as which of the following?: a. Student speech b. Both student speech and obscene speech c. Obscene speech d. Neither student speech nor obscene speech
answer
d. Neither student speech nor obscene speech
question
In 2012, a federal court in Church & Dwight Co. v. Clorox Co. issued an injunction prohibiting Clorox from airing a commercial about one of the following products due to misleading claims and a lack of supporting evidence for those claims?: a. cat litter. b. dryer sheets. c. bleach. d. laundry detergent.
answer
a. cat litter
question
Under the commercial speech doctrine, the government must prove that it has what type of an interest to justify a regulation a regulation on a truthful advertisement for a lawful product?: a. a probable interest b. a substantial interest c. a compelling interest d. a reasonable interes
answer
b. a substantial intérest
question
The government may regulate the advertising of a completely legal product or service: True or False
answer
True
question
The FTC requires proof by competent and reliable scientific evidence when an advertiser makes a claim relating to health or safety: True or False
answer
True
question
In determining whether an ad is deceptive, the FTC will view that ad from the perspective of the most vulnerable consumer: True or False
answer
False
question
The FTC has the power to enforce antitrust laws when two companies seek to merge: True or False
answer
True
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