Deck 7: Marketing and Technology: Choice and Manipulation

Question 1

Identify the true statement(s)regarding freedom of speech:
I)It was not until the 1840s that legal doctrines protecting speech when offensive began to be recognized by the courts.
II)In the First National Bank v. Bellotti case, the Supreme Court struck down a state law prohibiting a corporation to advertise to influence voters on issues that did not "materially affect" its business.
III)In the Virginia Board case, the U.S. Supreme Court failed to link the "right to receive information and ideas" with the traditional values that underlie free speech.
IV)The Prescription Information Law expressly allows the transmission or use of both patient-identifiable data and prescriber-identifiable data for certain commercial purposes.

A)I only
B)II only
C)III only
D)I and III

Answer 1

A

Question 2

Discuss some of the ways the FTC is investigating deceptive trade practices involving the Internet.

Answer 2

The FTC has tried to make consumer privacy a priority,bringing 11 spyware enforcement actions between 2005 and 2007.The FTC has also targeted deceptive and unfair spam practices by imposing civil penalties for illegal spam messages.

Question 3

According to District Judge Barbadora in the case of IMS Health,Inc. ,et al v.Kelly Ayotte,Attorney General of New Hampshire,is the Prescription Information Law more extensive than necessary to serve the State's interests? Explain your answer.

Answer 3

Pharmaceutical detailing is sometimes used in ways that benefit public health.The Prescription Information Law,however,does not distinguish between beneficial detailing and harmful detailing.Instead,it imposes a ban of the use of prescriber-identifiable information to enhance the effectiveness of all detailing.

Question 4

Obesity in children has continued to rise since 1976 and approximately ¾ of all teens and youth are overweight.

Question 5

What forms can deceptive advertising claims take?

Question 6

The debate over advertising fast food and other "junk foods" to kids is a well settled debate after federal and state laws have put limits on that advertising.

Question 7

Citizens have always been afforded freedom of speech after the ratification of the U.S.Constitution.

Question 8

Of product promotion techniques,which is the most influential according to author Naomi Klein?

A)Advertising
B)Marketing
C)Branding
D)Word-of -mouth promotion

Question 9

The "creative revolution" in advertising refers to

A)The move from black and white to color advertising
B)The move from talking about a product to showing what a product can do
C)The move from showing what a product can do to making the product a status symbol
D)The move from making a product a status symbol to using subliminal messaging to "force" consumers to buy the product.

Question 10

Direct-to-consumer advertising of prescription drugs began in the late 1980's to early 1990's.Based on the information in the Norplant case in the text,discuss the reasons why it should or should not be allowed.

Question 11

Discuss some actions the advertising industry has established for self-regulation.

Question 12

Branding and advertising are really the same thing and should be used interchangeably.Each is about making sure that consumers recognize a product and have a favorable opinion of it.

Question 13

According to John Kenneth Galbraith,the theory of consumer demand is based on the following broad assumption(s):
I)Socialism will work in all societies because consumers are willing to share their wealth.
II)The urgency of wants does not diminish as more of them are satisfied.
III)Wants originate in the personality of the consumer.

A)I only
B)I and II
C)III only
D)II and III

Question 14

What is the Lanham Act? To succeed in suit under the Lanham Act,what must a plaintiff prove?

Question 15

In the case of IMS Health,Inc. ,et.al.v.Kelly Ayotte,Attorney General of New Hampshire,what is involved in "detailing" a drug?