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. c. requiring society as a whole to choose among several actions that must be evaluated as right or wrong. Department of Justice (DOJ) Vision Council of America CAN-SPAM Act Substantiation A. * In addition to the informal sanction of publicity, the FTC has a wide range of remedies to deal with advertising: Advertising If the advertiser has had a good record in the past and if the offense is not too great, the company can voluntarily agree to terminate the advertisement and never use the claim again. Federal Trade Commission. C. puffery. C. puffery; illegal D. Fairness A. unfairness There is a substantial state interest to justify the regulation. The publicity can do more harm to the advertiser than a monetary fine. D. U.S. Department of Welfare It may also regulate truthful advertising for lawful activities and goods if it can prove (1) there is a substantial state interest to justify the regulation, (2) that such regulation directly advances this interest, and (3)that there is a reasonable fit between the interest asserted and the governmental regulation. Writing for a 6-justice majority, Justice Antonin Scalia wrote that "the message set out in the beef promotions is from beginning to end the message established by the Federal Government" and that the secretary of agriculture "exercises final approval authority over every word used in every promotional campaign." Information has also been found to be material where it concerns the purpose, efficacy or cost of the product or service. Endorsements must reflect honest opinions, findings, beliefs or experiences of the endorser. "acting reasonably in the circumstances" D. misrepresentation -is not available to the public Since the early 1980s the corrective advertising sanction has been used sparingly by the agency. Although ad agencies and publishers/broadcasters are generally not held liable in cases of false or harmful advertising, there are signs that the law is changing. Which of the following statements describes the media's role in the self-regulation of advertising? The Magnuson-Moss Act of 1975: Determining what constitutes commercial speech, however, is not easy. Advertising Regulations & Regulatory Agencies Flashcards - Quizlet It is very expensive to get a case solved through NARC. A. conducting the contest or sweepstake only at the regional level and not national level. -does not include political calls or spam artists A. Listerine. Advertising claims that significantly involve health and safety are usually presumed to be material. These claims can be viewed as deceptive under the FTC's requirement of: D. Television is the most carefully scrutinized of all forms of advertising. These statutes protect consumers from predatory business practices by ensuring fair competition exists. All of these are included in the DTPA under trade and commerce . There is just an agreement not to repeat that particular claim in future advertising campaigns. E. Clayton Antitrust Act, The Bureau of Alcohol, Tobacco, and Firearms (BATF) is an agency within the ____. pat owns a 20-pay life policy with a paid-up dividend option. If the NAD and an advertiser fail to resolve an advertising controversy, either party can appeal the case to the NARB. In other words, commercials should makes ear what the typical results are (an, of course, have prior substantiation for such claims); merely stating that the results of the endorser are not typical will not cut it. -FTC says just prove to us this is real; they should be coming from the standpoint it is truthful (but probably not) The act or practice must be considered from the perspective of a consumer who is acting reasonably. C. Affirmative Disclosure E. Substantiation, Under the _____ Doctrine, the Federal Communications Commission (FCC) required stations to run commercials about the harmful effects of smoking. Marketing Agreements are only binding for those handlers that sign the agreement. An advertiser who says that his product is the "best," "greatest," etc. B. C. Robinson Patman Act -Exceptions include: -If the spokesperson was paid For example, an advertiser can argue that the deceptive statement is not material to the advertisement as a whole (that is, it will not influence the purchasing decision) or that the advertisement does not imply what the government thinks it implies. Mass Media Law CH 15 Flashcards | Quizlet C. The media can refuse to accept individual ads they find offensive or objectionable. The advertiser can refuse to sign the agreement. 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. D. Puffery after an insured gives a notice of loss, what must he/she do if the insurer does not furnish forms? C. coercion Which of the following statements is true about National Advertising Review Council (NARC)? A. puffery The court thus ruled in favor of the federal beef promotion program and its compelled subsidization of advertising to which some cattle ranchers aand farmers object. Bureau of Competition D. advertisers, agencies, and the media. One of the FTC's most important responsibilities is to ensure that Americans are not victimized by unfair, misleading or deceptive advertising. In general, advertisements of alcoholic products must be truthful and without deception. The FTC issues industry guides for a variety of products, services and marketing practices.

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