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Commercial speech 9-17-07 - When can commercial speech be...

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When can commercial speech be regulated? Test in Advertising -> October 3 rd The Central Hudson test 1980 Does the commercial speech at issue concern a lawful activity? Will the restriction of commercial speech serve the asserted government interest substantially? Does the regulation directly advance the government interest asserted? Is the restriction no more than necessary to further the interest asserted? Advertising and the FTC Federal Trade Commission (FTC) Wheeler-Lea amendment Deception Must mislead the consumer “Reasonable Consumer” Must lead to material injury Unfair Advertising Causes or is likely to cause.. substantial injury to consumers Which is not reasonably avoidable by consumers And is not outweighed by countervailing benefits to consumers or to competition. Substantiation Comparative Advertising Endorsements Demonstrations FTC – deceptive and unfair advertising remedies Consent decrees Cease-and-desist orders Corrective advertising
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