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Full-Text Articles in Business
Antitrust Liability For False Advertising: A Response To Carrier & Tushnet, Susannah Gagnon, Herbert J. Hovenkamp
Antitrust Liability For False Advertising: A Response To Carrier & Tushnet, Susannah Gagnon, Herbert J. Hovenkamp
All Faculty Scholarship
This reply briefly considers when false advertising can give rise to antitrust liability. The biggest difference between tort and antitrust liability is that the latter requires harm to the market, which is critically dependent on actual consumer response. As a result, the biggest hurdle a private plaintiff faces in turning an act of false advertising into an antitrust offense is proof of causation – to what extent can a decline in purchase volume or other market rejection be specifically attributed to the defendant’s false claims? That requirement dooms the great majority of false advertising claims attacked as violations of the …
Pomegranate Juice Can Do That? Navigating The Jurisdictional Landscape Of Food Health Claim Regulation In A Post-Pom Wonderful World, Hilary G. Buttrick, Courtney Droms Hatch
Pomegranate Juice Can Do That? Navigating The Jurisdictional Landscape Of Food Health Claim Regulation In A Post-Pom Wonderful World, Hilary G. Buttrick, Courtney Droms Hatch
Scholarship and Professional Work - Business
Thirty years ago, the most the consumer expected out of his or her morning glass of juice was a little extra vitamin C. By 2010, the consumer expected a lot more. POM Wonderful’s pomegranate juice, for instance, promised to improve cardiovascular health, treat erectile dysfunction, and combat prostate cancer.1 Those claims made orange juice look a little pathetic. Of course, those wild promises also landed POM Wonderful in hot water with the Federal Trade Commission (“FTC”) for misleading the public with scientifically unsubstantiated health claims.2
Advertising Research Issues From Ftc Versus Stouffer Foods Corporation, J. Craig Andrews, Thomas J. Maronick
Advertising Research Issues From Ftc Versus Stouffer Foods Corporation, J. Craig Andrews, Thomas J. Maronick
Marketing Faculty Research and Publications
Extrinsic evidence is frequently offered in Federal Trade Commission advertising deception cases, most often in the form of advertising research, such as copy tests. Although generally accepted principles exist for copy test evidence presented before the Commission, how these principles are operationalized can provide fertile ground for challenges. Thus, the authors review six copy testing and ad interpretation issues from the recent Stouffer Foods case. The authors discuss difficult tradeoffs inherent in relative versus absolute claims, multiple claims, control ad groups, control questions, and disclosure information. The careful consideration of such trade-offs in advertising research decisions will help in the …