ADPR3100 Issues Ch 1 - ADPR 3100 Issues Book Chapter 1:...

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ADPR 3100 Issues Book Chapter 1: Puffery Puffery: legal term - Claims that state opinions, not facts - Excused from legal control Mass Communication Context - Consumers’ perception behavior: what ppl see an ad to be telling them - Sender can’t control this - Explicit (words it actually states): interpreted to create perceptions of additional content in separate heads - Implied (words not actually stated) Legal Context: Deceptive claims FTC charges: - Consumers led to see claimed about a product/service contrary to the truth - Must present evidence - Discrepancy (claim and reality) ruled deceptive Defining Puffery: Sellers’ evaluations/opinions 1. Best 2. Better 3. Specially good (“great”) 4. Good 5. Subject claims (“a smile in every Hershey bar”) 6. Best possible Regulatory Treatment of Puffery - Identify explicit claims (not factual, evaluation) - Doesn’t examine consumer perceptions - Apply old legal decision o Puffery- meaningless o Not factual o Nothing implied o No claim o Puffery cannot be deceptive: defense against charges of deception
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ADPR3100 Issues Ch 1 - ADPR 3100 Issues Book Chapter 1:...

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