JOMC 486 Questions Pt. 2 Questions With Complete
Solutions.
What law did McNeil-PPC Inc. accuse Pfizer Inc. of violating when it ran its
advertisements for Listerine mouthwash?
Lanham Act.
In McNeil-PPC v. Pfizer, McNeil argued the Listerine advertisement contained the
_______________ that rinsing with Listerine is as effective as flossing.
literal falsehood
In its lawsuit against Pfizer over the Listerine advertisements, McNeil-PPC said
the impact of the ads on its business was that
while sales of string floss remained stable, sales of the Reach Access Daily Flosser and
Power Flosser declined.
In its defense, Pfizer argued that its advertising campaign for Listerine, which
McNeil-PPC said was misleading, had been approved by the
American Dental Association.
In McNeil's lawsuit against Pfizer, Pfizer said it conducted two studies of the
effect of Listerine mouthwash on the plaque before it ran its advertisements that
Listerine is as effective as floss. Of those two studies
both studies showed Listerine as effective as floss.
Before suing Pfizer over its advertisements for Listerine, McNeil-PPC conducted
surveys of consumers to find out what messages they took away from the ads.
McNeil's surveys on the message consumers took away from the Big Bang ad
found
a substantial percentage of respondents believed Listerine can replace flossing.
The U.S. District Court that heard McNeil-PPC's lawsuit against Pfizer over its
Listerine commercials said a plaintiff, to establish an ad contains a false
implication under the Lanham Act, must show that the implication was taken
away by at least what percentage of the audience?
20 percent.
The researchers who conducted the studies of the effectiveness of Listerine for
Pfizer both said the results for the group who flossed may have been affected by
a deterioration in the subjects' flossing technique over time
In McNeil-PPC v. Pfizer, McNeil argued the Listerine advertisement contained the
_______________ that clinical studies proved rising with Listerine could replace
flossing.
implicit falsehood
In McNeil-PPC v. Pfizer, District Judge Chin concluded McNeil-PPC was likely to
suffer irreparable harm because
the two companies are in head-to-head competition for the non-flossers or reluctant
flossers
The FTC says it may require extrinsic evidence, meaning consumer surveys, to
determine whether an _______________ was recognized by consumers.
Implied claim.
, According to the FTC's Deception policy statement, the commission often will be
able to determine meaning of implied claims through all of the following except
The nature of the market in which the product is sold.
The FTC will consider an advertising claim _________ if it is likely to affect a
consumer's choice of or conduct regarding a product.
Material
Which of the following is NOT a practice that the FTC listed in its Deception
Policy Statement as likely to mislead consumers?
Using words like "best" or "greatest" without empirical evidence to back up those claims.
To be considered deceptive, an advertising claim must be material. The FTC
defines "material" in its Deception Policy Statement as a representation or
practice that
Is likely to affect a consumer's choice regarding that product.
When an advertisement targets a specific group, such as children, the FTC says
in its Deception Policy Statement that it will determine the advertisement's effect
on
A reasonable member of that group.
The FTC says that deceptive claims may be either
Express or implied.
The FTC will [word 1] defer to the judgment of self-regulatory groups on matters
of substantiation of advertising claims.
Not
The FTC's policy on substantiation says advertisers should have substantiation
for their claims
Before the advertisements have been published.
The FTC Policy Statement on Substantiation says the commission will use a
number of factors for deciding what constitutes a reasonable basis for an
advertising claim. Which of the following is NOT one of those factors?
The likelihood that the average person will believe the claim.
The FTC says firms are responsible for possessing substantiation for all implied
claims that might be [word 1] interpretations of advertising.
Reasonable
Which of the following tests did the US Supreme Court apply to resolve the First
Amendment issue in Greater New Orleans Broadcasters Assn., Inc. v. United
States?
The Central Hudson test.
The law at issue in Greater New Orleans Broadcasters Assn., Inc. v. United
States, 18 U.S.C. §1304, basically prohibited advertising of gambling, but the law
had been modified to create exceptions to that prohibition. Which of the following
is NOT one of the exception?
Commercial casinos.
Greater New Orleans Broadcasters Assn., Inc. v. United States involved a
challenge to the constitutionality of 18 U.S.C. §1304. Before 1950, that law
prohibited radio or television broadcast by any licensed station of
Any advertisements or information about lotteries or games of chance.
Solutions.
What law did McNeil-PPC Inc. accuse Pfizer Inc. of violating when it ran its
advertisements for Listerine mouthwash?
Lanham Act.
In McNeil-PPC v. Pfizer, McNeil argued the Listerine advertisement contained the
_______________ that rinsing with Listerine is as effective as flossing.
literal falsehood
In its lawsuit against Pfizer over the Listerine advertisements, McNeil-PPC said
the impact of the ads on its business was that
while sales of string floss remained stable, sales of the Reach Access Daily Flosser and
Power Flosser declined.
In its defense, Pfizer argued that its advertising campaign for Listerine, which
McNeil-PPC said was misleading, had been approved by the
American Dental Association.
In McNeil's lawsuit against Pfizer, Pfizer said it conducted two studies of the
effect of Listerine mouthwash on the plaque before it ran its advertisements that
Listerine is as effective as floss. Of those two studies
both studies showed Listerine as effective as floss.
Before suing Pfizer over its advertisements for Listerine, McNeil-PPC conducted
surveys of consumers to find out what messages they took away from the ads.
McNeil's surveys on the message consumers took away from the Big Bang ad
found
a substantial percentage of respondents believed Listerine can replace flossing.
The U.S. District Court that heard McNeil-PPC's lawsuit against Pfizer over its
Listerine commercials said a plaintiff, to establish an ad contains a false
implication under the Lanham Act, must show that the implication was taken
away by at least what percentage of the audience?
20 percent.
The researchers who conducted the studies of the effectiveness of Listerine for
Pfizer both said the results for the group who flossed may have been affected by
a deterioration in the subjects' flossing technique over time
In McNeil-PPC v. Pfizer, McNeil argued the Listerine advertisement contained the
_______________ that clinical studies proved rising with Listerine could replace
flossing.
implicit falsehood
In McNeil-PPC v. Pfizer, District Judge Chin concluded McNeil-PPC was likely to
suffer irreparable harm because
the two companies are in head-to-head competition for the non-flossers or reluctant
flossers
The FTC says it may require extrinsic evidence, meaning consumer surveys, to
determine whether an _______________ was recognized by consumers.
Implied claim.
, According to the FTC's Deception policy statement, the commission often will be
able to determine meaning of implied claims through all of the following except
The nature of the market in which the product is sold.
The FTC will consider an advertising claim _________ if it is likely to affect a
consumer's choice of or conduct regarding a product.
Material
Which of the following is NOT a practice that the FTC listed in its Deception
Policy Statement as likely to mislead consumers?
Using words like "best" or "greatest" without empirical evidence to back up those claims.
To be considered deceptive, an advertising claim must be material. The FTC
defines "material" in its Deception Policy Statement as a representation or
practice that
Is likely to affect a consumer's choice regarding that product.
When an advertisement targets a specific group, such as children, the FTC says
in its Deception Policy Statement that it will determine the advertisement's effect
on
A reasonable member of that group.
The FTC says that deceptive claims may be either
Express or implied.
The FTC will [word 1] defer to the judgment of self-regulatory groups on matters
of substantiation of advertising claims.
Not
The FTC's policy on substantiation says advertisers should have substantiation
for their claims
Before the advertisements have been published.
The FTC Policy Statement on Substantiation says the commission will use a
number of factors for deciding what constitutes a reasonable basis for an
advertising claim. Which of the following is NOT one of those factors?
The likelihood that the average person will believe the claim.
The FTC says firms are responsible for possessing substantiation for all implied
claims that might be [word 1] interpretations of advertising.
Reasonable
Which of the following tests did the US Supreme Court apply to resolve the First
Amendment issue in Greater New Orleans Broadcasters Assn., Inc. v. United
States?
The Central Hudson test.
The law at issue in Greater New Orleans Broadcasters Assn., Inc. v. United
States, 18 U.S.C. §1304, basically prohibited advertising of gambling, but the law
had been modified to create exceptions to that prohibition. Which of the following
is NOT one of the exception?
Commercial casinos.
Greater New Orleans Broadcasters Assn., Inc. v. United States involved a
challenge to the constitutionality of 18 U.S.C. §1304. Before 1950, that law
prohibited radio or television broadcast by any licensed station of
Any advertisements or information about lotteries or games of chance.
