Business Law: False Advertising
It is ethically and legally important to remain truthful in advertising. Companies are not allowed to attract customers with false advertisement. Legally speaking, a company can come under attack for promising something it doesn't mean to deliver or changing the terms of delivery of those promises when customer makes a demand. But several times, businesses especially small business owners might use bait and switch advertising tactic to attract customer and this can give rise to legal issues. Bait and switch advertisement is seriously forbidden by law and consumers are protected against such actions through various FTC guidelines. The terms of the advertisement are binding according to FTC rules and guidelines. FTC clearly states that when a product is advertised, it must be present at all mentioned outlets at the price mentioned in the advertisement. A person would be accused of false advertising if the product is no…...
mlaReferences
FTC GUIDELINES AND LAW: Accessed online on Aug 7th 2011 from http://business.ftc.gov/documents/bus35-advertising-faqs-guide-small-business
FTC, Bait & switch advertising. Accessed online on Aug 7th 2011 from http://www.ftc.gov/bcp/guides/baitads-gd.htm#2
Singer, N. A Birth Control Pill That Promised Too Much, February 10, 2009, New York Times.
" Another member of these matchmaking sites argued that it is illogical for any of these companies to spend several hour of their employee's time to lure someone into paying $30 membership fee [Santo, 2005].
It is indeed a sorry state of affair because false advertising does more than just rob people of their money; it also gives unfair advantage over competitors and simply betrays the trust of millions of people who naively bought the product or service. ut it seems that there is really no end to this problem. Everyday tens of hundreds of ads run on cable television and they make variety of claims such as "fastest 3G network," "Faster DSL service," "Lowest prices for cable channels" etc. ut who can ever verify all these claims. How do we know that Comcast is actually offering speedier DSL than telephone companies, or if Vonage voice quality is as crystal clear…...
mlaBIBLIOGRAPHY
1. Pratkanis, a. (2001) Age of Propaganda: The Everyday Use and Abuse of Persuasion Aronson Holt Paperbacks; illustrated edition
2. Coleman, J.W. (2001) the Criminal Elite: Understanding White Collar Crime. Worth Publishers. Fifth Edition .
3. Singer, N. A Birth Control Pill That Promised Too Much, February 10, 2009, New York Times.
4. Advertising, Mortgage Lending Compliance with Federal and State Guidance, 2001, retrieved from Internet, http://www.allfundinfo.com/4-1.doc
Some misleading advertisements I’ve received in the mail have been offers to have met debt consolidated, with letters saying I am pre-approved for a large personal loan at a very low interest rate. It always looks too good to be true and after a quick inspection online, I find that others have received the same junk mail and down at the very bottom on the letter in fine print are words telling you that you are not really pre-approved and that the letter is just an offer from a third-party business that will shop your debt around to actual lenders to see if any of them are interested in giving you a loan. Unless you know what you are looking for, you’re not likely to even notice this fine print and so the junk mail is actually very misleading in the sense that it makes you think you are already…...
Direct to Consumer Advertising
According to a report by the United States General Accounting Office, "spending on direct-to-consumer advertising of prescription drugs has tripled in recent years," (Collins et al. p. 4). Consequently, spending on prescription drugs has also risen. Although the United States Food and Drug Administration (FDA) regulates the content of prescription drug advertisements under the Federal Food, Drug, and Cosmetic Act (FFDCA), many critics of direct-to-consumer (DTC) promotion of prescription drugs contend that the advertisements can be misleading or even dangerous. Spending on DTC drug ads can also cut into costs that could be channeled into research and development, which is another reason why many consumer groups express concern over the proliferation of DTC ads for pharmaceuticals. The FDA changed their stance somewhat regarding DTC ads for prescription drugs in 1999, which is why DTC ads for pharmaceuticals have become commonplace, most notably on television (Palumbo and Mullins…...
mlaWorks Cited
'A Brief History of Drug Advertising." NOW Science and Health on PBS.org. 7 Jan 2005. .
Collins, Susan, et. al. "Prescription Drugs: FDA Oversight of Direct-to-Consumer Advertising Has Limitations." United States General Accounting Office. Oct 2002. .
Deselle, Shane P. "Direct-to-Consumer Prescription Drug Advertising and Pharmacy Practice." Pharmaceutical Education. 27 July 2004. .
'Direct to Consumer Advertising for Prescription Drugs." American College of Physicians. 9 Oct 1998. .
Embedded Communication in Advertising
"There is no evidence that advertising can get people to do things contrary to their self-interest." -- JI Fowles, in Advertising's Fifteen asic Appeals
"Good advertising does not just circulate information. It penetrates the public mind with desires and belief." -- Leo urnett, Advertising Executive and Creator of the Marlboro Man
"The ability to attract new smokers and develop them into a young adult franchise is key to brand development." 1999 Philip Morris report
When the preceding collection of opinions regarding the influence of modern advertising are considered in conjunction with the iconic advertising image shown above, it becomes quite clear that, much like advertising itself, forming an informed position on this ubiquitous aspect of modern marketing is simply a matter of perception and perspective (elch 120). Corporate conglomerates and other private enterprises ascribe tremendous value to the persuasive power of advertising, bombarding the general public with television commercials, radio…...
mlaBibliography
Altman, David G., Michael D. Slater, Cheryl L. Albright, and Nathan Maccoby. "How an unhealthy product is sold: Cigarette advertising in magazines, 1960 -- 1985." Journal of Communication 37, no. 4 (1987): 95-106.
Belch, George E., Michael A. Belch, and Angelina Villarreal. "Effects of advertising communications: Review of research." Research in marketing (1987).
Bovee, Courtland L., and William F. Arens. "The Indictments Against Advertising." Writing and Reading Across the Curriculum. Laurence Behrens and Leonard J. Rosen. New York, NY: Pearson Higher Education, 2008. 685-691. Print.
De Gregorio, Federico, and Yongjun Sung. "Understanding attitudes toward and behaviors in response to product placement." Journal of Advertising 39, no. 1 (2010): 83-96.
(Snyder & Deono quoted in Kjeldal 2003, Introduction section, ¶ 6).
The results from the study Kjeldal (2003) conducted with 70 participants in two stages suggest that the word association responses high self-monitors (HSMs) produce reflect selective activation of a personally meaningful, experiential, system. The responses low self-monitors (LSMs) produce, on the other hand, indicate an intellective factual system.
2. Decision Making Process Theories
Dr. onnie Halpern-Felsher (2009), an Associate Professor at theUniversity of California, San Francisco, identifies a number decision-making criteria in her report, "Adolescent decision making: an overview." According to Halpern-Felsher, determinations of definitions for a competent decision, the process of how the decision was made, differ dramatically. The actual behavior or outcome, albeit, does not determine competent decision making, however, during the normative model of decision-making process, one does consider the consequences to not choosing a particular behavior or a specific event.
Normative models of decision making, commonly utilized in…...
mlaBIBLIOGRAPHY
'Advertising, Public Relations' N.d. < > [25 May 2009].http://courses.umass.edu/bmat352/lectures_and_readings/KA_16.pdf
Bahaudin, M & Jue, A 2005. 'Deceptive and Subliminal Advertising in Corporate America: Value Adder or Value Destroyer?', Journal of Applied Management and Entrepreneurship. Nova Southeastern University Wayne Huizenga Graduate School of Business. HighBeam Research. Available from: < > [20 May 2009].http://www.highbeam.com
Barnard, N & Ehrenberg, A 1997. 'Advertising: Strongly Persuasive or Nudging',
Journal of Advertising Research - January/February 1997.
Although some memories remain veritable and intact from the original experience, many memories are inextricably mixed up with post-analysis and interpretation. Furthermore, the authors examine psychological literature for information on memory processing, noting that false memories and actual reproductive memories activate the same brain regions and are therefore processed similarly. However, research shows that when people recognize the falseness of the memory at the time of encoding, they will process the cues differently. The researchers designed the present study based on these prior researches. Furthermore, the current study hearkens to advertising literature in general, which investigates the impact of ads on consumer behavior. The authors note that the retroactive impact of advertising has been studied far less than the proactive impact of advertising and therefore the present study can fill gaps in the literature and offer impetus for conducting future studies.
2. The psychological concepts discussed center on memory: both…...
Direct to Consumer Advertising
HISTRY F DRUG ADVERTISING
THE DTC ADVERTISING PHENMENN
CREATING DEMAND
DECEPTIVE ADVERTISING - A WLF IN SHEEP'S CLTHING
CAUSE F DEATH
PRFIT
UTILIZATIN, PRICING, AND DEMGRAPHICS
LEGISLATIN, PLITICS AND PATENTS
LEGISLATIVE INITIATIVES REGARDING DTC
RECALLED and/or DEADLY DRUGS
In order to provide the most efficient method of evaluation, the study will utilize existing stores of qualitative and quantitative data from reliable sources, such as U.S. Government statistical references, University studies, and the studies and publications of non-profit and consumer oriented organizations. Every attempt will be made to avoid sources of information sponsored by or directly influenced by the pharmaceutical industry.
Existing data regarding the history, levels, content and growth of direct-to-consumer advertising will be examined. In addition, the industry's composition prior to and after the proliferation of direct-to-consumer advertising will be examined, with regard to market share, type of substances sold, benefits of substances sold, and consumer benefit (or lack thereof). Perceptions regarding direct-to-consumer advertising will be revealed,…...
mlaOn January 9, 2002, Dr. Darlene Jody, Vice President of Medical Marketing for Bristol-Myers Squibb, issued a manufacturer's "Important Drug Warning Including Black Box Information." The Important Drug Warning advises healthcare practitioners that "cases of life-threatening hepatic failure have been reported in patients treated with SERZONE." The manufacturer's Warning indicates that numerous persons have or will suffer liver failure, death or transplantation. The manufacturer's Warning also indicates that the current estimate of the rate of liver failure associated with Serzone use is "about 3-4 times the estimated background rate of liver failure." A new Warning is being added to the Serzone prescribing information, advising that "patients should be advised to be alert for signs and symptoms of liver dysfunction (jaundice, anorexia, gastrointestinal complaints, malaise, etc.) and to report them to their doctor immediately if they occur." According to Warnings, Serzone should be promptly discontinued if signs or symptoms suggest liver failure.
Vioxx belongs to a class of drugs known as COX-2 inhibitors. When the drugs were introduced a few years ago, COX-2 inhibitors were thought to be safer and more effective than other drugs such as Aspirin and Ibuprofen. However, several studies have questioned the cardiovascular safety of Vioxx. Studies indicate that people taking Vioxx have four times the risk of a heart attack.
In May 2002, the U.S. Food and Drug Administration (FDA) published a Talk Paper about new label warnings for the popular arthritis and pain drug know as Vioxx (rofecoxib). The new label warnings are based on the results of the Vioxx Gastrointestinal Outcomes Research (VIGOR). According to the FDA, recent studies demonstrate that Vioxx is associated with a higher rate of serious cardiovascular thromboembolic adverse events (such as heart attacks, angina pectoris, and peripheral vascular events). Based on the recent study, the FDA agreed with the Arthritis Advisory Committee recommendations February 8, 2001 that the label for Vioxx include gastrointestinal and cardiovascular warning information. Serious side effects attributed to Vioxx are heart attacks, seizures, strokes, or liver/kidney problems. http://www.recalleddrugs.com
Integrated marketing communications programs (IMC) use sales promotions as a major factor in their programs today. Marketers have realized that effective marketing is a combination of promotion and advertising. For effective communications programs, marketers have realized they have to rely on promotional sales, direct marketing, personal sales, convectional advertising campaigns and public relations. Sales promotions along with marketing make advertising more effective and, and the effectiveness can be increased by communication to increase awareness. IMC is a communication strategic tool, and it combines promotional mix to deliver maximum communication influence that target the audience. IMC can have the greatest persuasive effect because customers are in contact with brands. Different communicating tools are combined bringing a synergetic effect in resulting communication.
Since the inception of IMC, there have been many changes due to the changing relationship between marketers and consumers. There have also been shifts because of technology and direct communication to…...
mlaReferences
Kitchen, P.J. And Schultz, D.E. (2009). New Horizon/False dawn for a marketplace in turmoil? Journal of Marketing Communications.
Lisa, S.T. (2011). Inhibition of Brand Integration. Journal of Marketing Communications.
Studies, A.O. (2012). Impact of Iintergrated Marketing Communication on Consumers. International Journal for Marketing Studies.
Timothy, N.S. (2008). Three-stage Model of Integrated Marketing. Journal of Marketing Communications.
History of Direct to Consumer Advertising of Prescription Drugs in the U.S.
Imagine this: you are at home watching television one evening after work. As you casually flip through the channels searching for something interesting to watch, you notice a multitude of advertisements for prescription drug products. This form of advertisement is known as direct-to-consumer advertising, and is now well-known to practically all American households. One needs only to watch virtually any commercial television program or to browse through any consumer-directed magazine to view advertisements for a variety of prescription drugs. In regard to broadcast media, this is a relatively new phenomenon because, for many years, pharmaceutical manufacturers had to follow certain requirements. These requirements consisted of the inclusion of a substantial amount of material about the drug product's side effects, contraindications, and effectiveness.
Recent changes in 1999 under the guidance of the Food and Drug Administration (FDA) altered the decision making…...
mlaBibliography
Jackson, Charles O. (1970). "Food and Drug Legislation in the New Deal." Princeton University
Press.
Palumbo, Francis B. "The Development of Direct-to-Consumer Prescription Drug Advertising
Regulation." Food and Drug Law Journal 57.3 (2002). 423-443.
prohibition is a moribund idea, a strong, well-organized anti-alcohol movement marches on. Its strength lies in dozens of church, health, consumer, and citizens' groups such as Mothers Against Drunk Driving," or MADD. MADD was founded in 1980 to combat problems related to drunk driving. Since its founding, MADD has expanded its mission and vision to include issues like underage drinking and drugged driving. MADD has been instrumental in influencing state governments to raise the legal drinking age to 21 in almost all parts of the United States, and to lowering the legal blood alcohol content for driving and operating equipment. Moreover, MADD believes that advertising alcohol should be banned and their reasoning is founded on four core ideas. Because alcohol advertising targets the most vulnerable populations such as underage drinkers, encourages greater consumption of the product, and sells false beliefs, lawmakers could consider curtailing the entire practice of alcohol…...
mlaReferences
Advertising Standards Authority (2015). Alcohol advertising.
"Alcohol Advertising," (n.d.). Document.
Alcohol and Tobacco Tax and Trade Bureau (2015). Alcohol beverage advertising. TTB.gov. Retrieved online: http://www.ttb.gov/advertising/alcohol-beverage.shtml
Federal Trade Commission (FCC, 2013). Alcohol adverting. Retrieved online: http://www.consumer.ftc.gov/articles/0391-alcohol-advertising
This phenomenon objectifies women by suggesting (at least implicitly) that only the opinions and sensibilities of the most attactive females, such as the models featued in advetisements, ae wothwhile. The mee absence of females of aveage and less-than-aveage elative physical attactiveness fom commecial advetising conditions eveyone in society to ignoe women unless they ae paticulaly sexually attactive. Besides being unfai to women who happen not to look like the models in commecial advetising, this also devalues any legitimate talents and the intelligence and meaningful contibutions of women who do happen to be elatively attactive. It ceates the natual infeence that attactive women who ae successful achieved thei success by vitue of thei physical appeaance instead of thei othe attibutes.
In addition to objectifying women as though they ae nothing moe than thei elative level of physical attactiveness, the ovewhelming focus on sexuality and female attactiveness in commecial advetising also denigates men.…...
mlareferences and euphemisms for "penis" such as "special part of male anatomy" in an apparent attempt to comply with the letter if not the spirit of laws that prohibit dishonest statements in advertising. Likewise, they include very obscure printed language at the bottom of the screen advising that the product is designed "for entertainment purposes only."
Second, the ExtenZe commercials purposely create the false impression that the production is a talk show called "Sex Talk" rather than a paid hour-long advertisement. Third, the commercials feature attractive young female models and actresses who are paid for their participation and dressed in sexually provocative attire to capture male attention and suggest that these are the types of women to whom users of the product will become more attractive and desirable. Fourth, the advertisement series also denigrates women by suggesting that all they want from men is a large penis. In that regard, the main topic of the scripted dialogue among the female models pertains to their specific preference for men who are "bigger and wider." One of the women complains that she waited her entire life for a man with a large and wide enough penis to satisfy her and recounts her disappointment at having begun a relationship only to discover that her man failed to "measure up." The obvious intent of the commercials (and the entire commercial venture) is obviously to exploit females while simultaneously exploiting the common male insecurity about relative penis size. In so doing, the commercials manage to insult the worth of females, the self-esteem of males, and the value of their relationships.
The second article concerns another aspect of click fraud - the people who perpetrate it. One example is a man who attempted to blackmail online giant Google because he had developed a software program that could supposedly bilk them out of millions of dollars with fraudulent clicks on their GoogleAds Web sites. The author of this article notes, "Click fraud is perpetrated in both automated and human ways. The most common method is the use of online robots, or 'bots,' programmed to click on advertisers' links that are displayed on Web sites or listed in search queries" (Olsen 2004). The author notes that several of the largest Web sites, like Google and Yahoo, employ teams of "fraud squads" who actively look for illegal advertising activity such as click fraud, in an attempt to deal with the problem. However, since so many of the fraudulent activities are based in foreign countries,…...
mlaReferences
Greenberg, Andy. "Google Faces The Slickest Click Fraud Yet." Forbes.com. http://www.forbes.com/2010/01/12/google-click-fraud-tech-security-trafficsolar.html .
Grow, Brian and Elgin, Ben. "Click Fraud: The Dark Side of Online Advertising." Business Week. 14-19.
Olsen, Stefanie. "Exposing Click Fraud." CNET News. http://news.cnet.com/Exposing-click-fraud/2100-1024_3-5273078.html .
Sexism and the Media
There are numerous examples of sexism in advertising: from Britney Spears’ advertisements for her perfume Curious, in which she strips down to her underwear for the camera, to Victoria’s Secret’s models like Chrissy Teigen undergoing both plastic surgery and photoshopping (because stripping down to her underwear doesn’t do enough to convey the right body image) for the company’s lingerie ads, women are routinely objectified for the “male gaze,” as Laura Mulvey put it (Turow, 2009, p. 195). While sexism can take many forms—such as the stereotype of women as homemakers ever ready to please their husbands that was promoted in mid-20th century advertisements—in advertising today, sexism is most readily displayed by way of objectification, as seen in Go Daddy ads, Victoria’s Secrtet ads, beer commercials, and so on, where women’s bodies are like commodities.
Feminism challenged the notion of this objectification of women for a time, but in…...
" (Lucian: translated by Harmon, 1925:p. 185, 8) in general, humans can be made to believe just about anything. Even today, historical zealots in religions like Christianity are as easily manipulated by the church. A modern day example could be the outdated oman Catholic philosophies on birth control and safe sex which clearly affects millions. Birth control and the associated beliefs and sanctions by the oman Catholic church may have been instituted as religious law so the spouses of priests a few hundred of years ago could not inherit the lands or fortunes when the priests died -- the church manipulated 'hopes and fears' of millions so they instead could inherit what rightfully belonged to the wives and children of dead priests.
Alexander used an Oracle to usurp power from his followers. "Even if the oracle was obscure, ambiguous, or unintelligible, they respected it." (Lucian: translated by Harmon, 1925: p. 205,…...
mlaReferences
Lucian: translated by Harmon, a.M. (1925). Alexander the False Prophet. Newport: Yale University.
Lucian
1. The impact of fake social media followers on individual influencers and brands
2. The psychological effects of striving for fake social media popularity
3. The role of fake social media influence in shaping consumer behavior
4. Strategies for detecting and combatting fake social media influence
5. Ethical considerations of using fake social media influence for personal or professional gain
6. The prevalence and consequences of fake social media influence in political campaigns
7. The economic implications of the fake social media influence industry
8. The responsibility of social media platforms in regulating and eliminating fake influence
9. The potential risks and benefits of utilizing fake social media....
Essay Topics on the Effects of Fake Social Media Influence
Introduction:
In the age of pervasive social media, the impact of fake content on individuals and society has become a pressing concern. The dissemination of false and misleading information through social media platforms can have far-reaching consequences, affecting mental health, political discourse, and social cohesion. This essay explores various topics that highlight the detrimental effects of fake social media influence.
Body Paragraph 1: Psychological Impact on Individuals:
The Role of Fake News on Anxiety, Depression, and Self-Esteem
The Impact of Body Image Distortions and FOMO on Mental Well-being
The Influence of False Advertising....
Stakeholder Influence on Consumer Buying Behavior
In today's interconnected and dynamic market landscape, a wide range of stakeholders play significant roles in shaping consumer buying behavior. These stakeholders leverage diverse tactics and motivations to influence consumers' preferences, choices, and actions. Below is a comprehensive overview of the different stakeholders and their strategies for influencing consumer buying behavior:
1. Manufacturers and Brands:
Manufacturers and brands are the primary stakeholders in the consumer buying process. They create and market products and services to satisfy consumer needs and desires. Their influence tactics include:
Advertising and Promotion: Brands use various advertising channels (TV, print, digital, social media)....
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now