chapter13 - Chapter 13 The law and creativity Making sure...

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Chapter 13: The law and creativity Making sure your great idea is a good idea
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Reasons why advertisers and agencies get into legal hot water The message or the way in which the message was delivered violated a government law or regulation and resulted in a penalty or fine The advertisement or something used to create an advertisement violated an individual’s rights in some way and prompted that person (or company) to pursue a law
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Government agencies Federal Trade Commission (FTC): focuses on making sure consumers aren’t deceived by advertisers Food and Drug Administration (FDA): regulatory authority over food products and drugs
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Puffery An exaggeration or overstatement expressed in broad, vague, and commendatory language that is distinguishable from misinformation or false representations of specific characteristics of a product and, as such, is not actionable.
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In other words… An ad for spaghetti sauce may claim it’s “as good as mom’s” Few people would regard this as a statement of fact, and reasonable people are not likely to be deceived by this puffery
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