(Solution Download) 1 How is extrinsic evidence used in deceptive advertising cases


1. How is extrinsic evidence used in deceptive advertising cases brought under the FTC Act? In deceptive advertising cases brought under the Lanham Act?
2. The packages containing cheese products have printed nutritional information that consumers can compare to other brands. Why does this not alleviate the FTC?s concerns about consumers being misled by the advertisements?
3. What was untrue about Kraft?s revised advertisements? Why didn?t a disclaimer on the bottom of the advertisement correct any deficiencies?
4. What factors do you think prompt the FTC to act on allegedly deceptive advertising? How might a manager limit each factor?s influence?

Kraft, Inc. (?Kraft?) asks us to review an order of the Federal Trade Commission (?FTC? or ?Commission?) finding that it violated §§ 5 and 12 of the Federal Trade Commission Act (?Act?). The FTC determined that Kraft, in an advertising campaign, had misrepresented information regarding the amount of calcium contained in Kraft Singles American Pasteurized Process Cheese Food (?Singles?) relative to the calcium content in five ounces of milk and in imitation cheese slices. The FTC ordered Kraft to cease and desist from making these misrepresentations and Kraft filed this petition for review. We enforce the Commission?s order.

 







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