Deck 13: Advertising and the Law

Question 1

The U.S.Supreme Court upheld restrictions on advertising for an activity that was "deemed harmful" in the case of:

A)Bigelow v.Virginia.
B)Virginia Citizens Consumer Council v.Virginia State Board of Pharmacy.
C)Bates v.Arizona State Bar.
D)Posadas de Puerto Rico v.Tourism Company of Puerto Rico.
E)Central Hudson Gas and Electric Company v.Public Service Commission.

Answer 1

D

Question 2

The primary test used by courts today to review government restrictions on commercial speech was set forth in the case of:

A)First National Bank v.Bellotti.
B)Central Hudson Gas and Electric v.Public Service Commission.
C)Bigelow v.Virginia.
D)Lehman v.Shaker Heights.
E)Valentine v.Chrestensen.

Answer 2

B

Question 3

The Supreme Court has ruled that a state cannot prohibit a corporation from advertising its views on controversial issues.The case:

A)Bates v.Arizona State Bar.
B)First National Bank v.Bellotti.
C)Chicago Joint Board v.Chicago Tribune.
D)Mobil Corp.v.Dow-Jones.
E)none of these.

Answer 3

B

Question 4

The primary federal agency that regulates advertising is the:

A)Department of Justice.
B)Federal Communications Commission.
C)Federal Trade Commission.
D)Bureau of Consumer Affairs.
E)National Association of Attorneys General.

Question 5

The Magnuson Moss Act:

A)authorized the FTC to issue trade regulation rules.
B)authorized the Food and Drug Administration to regulate advertising.
C)allowed the Department of Justice to regulate advertising for the first time.
D)authorized the FTC to regulate advertising for the first time.
E)banned deceptive advertising for the first time.

Question 6

The Supreme Court ruled that commercial speech had no First Amendment protection in a 1942 case:

A)Bigelow v.Virginia.
B)First National Bank v.Bellotti.
C)Valentine v.Chrestensen.
D)Central Hudson Gas and Electric Co.v.Public Service Commission.
E)Consolidated Edison v.Public Service Commission.

Question 7

The U.S.Supreme Court established the constitutional right of lawyers (and other professionals)to advertise in:

A)Jacoby v.State Bar of California.
B)State Bar v.Melville.
C)Bates v.Arizona State Bar.
D)Carey v.Willingboro.
E)none of these-lawyers have no such right.

Question 8

The Supreme Court banned deceptive mockups in television advertising while permitting non-deceptive ones in:

A)FTC v.Warner-Lambert Pharmaceuticals.
B)FTC v.Colgate-Palmolive.
C)FTC v.Winstead Hosiery Co. .
D)FTC v.Atlantic Richfield.
E)FTC v.AMF,Inc.

Question 9

In Bigelow v.Virginia,the Supreme Court ruled that:

A)commercial speech has some First Amendment protection.
B)commercial speech has no First Amendment protection.
C)non?commercial corporate speech is protected by the First Amendment.
D)non-commercial corporate speech is not protected by the First Amendment.
E)pharmacists may advertise their prescription drug prices.

Question 10

The Supreme Court has held that the states may not regulate airline advertising because airline regulation is federally preempted.The case:

A)Morales v.TWA.
B)United Airlines v.Texas.
C)Lungren v.United Airlines.
D)Valentine v.Chrestensen.
E)United Airlines v.Norton.

Question 11

In the FTC v.Warner-Lambert Pharmaceuticals case,a federal court ruled that:

A)the FTC could not impose any kind of corrective ad order on the company.
B)the FTC could impose some corrective advertising requirements on Warner-Lambert,but not a "confession of past sins."
C)the FTC could prevent the company from advertising because the ads were unfair.
D)the FTC could halt the company's advertising because it exploited children.

Question 12

During the Federal Trade Commission's first two decades of existence,its main function was to:

A)protect consumers from unfair business practices.
B)protect consumers from fraudulent advertising.
C)protect businesses from unfair practices by other businesses.
D)protect local governments from unfair business practices.
E)all of these.

Question 13

The primary test used by courts today to review government restrictions on non-commercial corporate speech was set forth in the case of:

A)Bigelow v.Virginia.
B)First National Bank v.Bellotti.
C)Valentine v.Chrestensen.
D)Central Hudson Gas and Electric Co.v.Public Service Commission.
E)Consolidated Edison v.Public Service Commission.

Question 14

In 44 Liquormart v.Rhode Island,the Supreme Court:

A)upheld advertising fraud laws.
B)upheld a ban on liquor advertising.
C)overturned a ban on liquor price advertising.
D)upheld Rhode Island's right to regulate liquor prices.
E)ruled that Rhode Island cannot regulate liquor prices.

Question 15

In 2007,the Supreme Court held that corporations,labor unions and other entities have a First Amendment right to spend unrestricted money on issue ads that mention candidates by name even late in an election campaign.The case:

A)Mangini v.R.J.Reynolds Tobacco Co. .
B)FEC v.Wisconsin Right to Life.
C)First National Bank v.Bellotti.
D)Bigelow v.Virginia.
E)McConnell v.FEC.

Question 16

The Supreme Court ruled in 2005 that governments may impose a fee on all producers of a particular food commodity to pay for advertising without violating the First Amendment.The case:

A)Johanns v.Livestock Marketing Association.
B)U.S.v.United Foods Inc. .
C)Glickman v.Wileman Brothers.
D)Gerawan Farming v.Lyons.
E)Mangini v.R.J.Reynolds Tobacco Co.

Question 17

During the late 1980s a crackdown on misleading advertising in the airline and car rental industries was launched by:

A)the Federal Trade Commission.
B)the Federal Aviation Administration.
C)the Federal Consumer Protection Agency.
D)the National Association of Attorneys General.
E)none of these--there has been no such crackdown.

Question 18

In a 2001 decision,the Supreme Court held that the regulation of cigarette advertising is federally preempted.The case:

A)Mangini v.R.J.Reynolds Tobacco Co. .
B)U.S.v.United Foods,Inc. .
C)Penn Advertising v.Schmoke.
D)FDA v.Brown & Williamson Tobacco.
E)Lorillard Tobacco v.Reilly.

Question 19

The FTC now has the authority to:

A)issue trade regulation rules.
B)enter consent decrees.
C)issue advisory guides.
D)conduct regulatory sweeps.
E)all of these.

Question 20

The FTC's authority to regulate advertising was expanded during the 1930s by:

A)the Celler-Kefauver Act.
B)the Clayton Act.
C)the Consumer Legal Remedies Act.
D)the Wheeler-Lea Amendment.
E)the FTC Improvements Act.

Question 21

Congress passed the Family Smoking Prevention and Tobacco Control Act in 2009,allowing which federal agency to regulate tobacco advertising?

A)Federal Communications Commission.
B)Federal Trade Commission.
C)Drug Enforcement Agency.
D)Food and Drug Administration.
E)Federal Elections Commission.

Question 22

The practice of detailing,used by pharmaceutical companies,was supported by the Supreme Court in what 2011 case?

A)Sorrell v.IMS Health.
B)FTC v.Warner-Lambert Pharmaceuticals.
C)Penn Advertising v.Schmoke.
D)First National Bank v.Bellotti.
E)Altria Group v.Good.

Question 23

In 2009,the Ninth Circuit dealt a blow to what kind of electronic advertising in Satterfield v.Simon & Schuster?

A)online.
B)e-mail.
C)text message.
D)fax.
E)cable television.

Question 24

What did the FTC in 2013 say that consumers think about "up to" claims in advertising (like "Save Up To 70%!")?

A)They have no opinion on the matter.
B)They believe that they will save below the "up to" amount.
C)They believe that they will actually save the "up to" amount.
D)They believe that they can save more than the "up to" amount.
E)None of these.

Question 25

In Chicago Lawyer's Committee v.Craigslist,a 2008 decision,the seventh circuit U.S.Court of Appeals held that:

A)Craigslist is generally exempt from liability for the content of messages posted on its site.
B)Craigslist is NOT exempt from liability for the content of messages posted on its site.
C)Craigslist can be sued for libel but not copyright infringement.
D)Craigslist can be sued for libel and invasion of privacy.
E)Craigslist must police the content of its site.

Question 26

In Int'l Dairy Foods Assoc.v.Boggs,the Sixth Circuit held that Ohio's law prohibiting what kind of milk labeling was unconstitutional?

A)Organic.
B)Whole.
C)Bovine growth hormone-free.
D)All-natural.
E)None of these.

Question 27

What did the Second Circuit say about promotion of off-label (non-FDA-approved)drug uses in U.S.v.Caronia in 2012?

A)Such speech is protected.
B)Such speech is not protected.
C)Such speech is protected but only on television and radio.
D)Such speech is unethical.
E)None of these.

Question 28

In Citizens United v.Federal Elections Commission,the Supreme Court in 2010 eliminated regulations on ________ by companies.

A)cable television.
B)campaign spending.
C)public relations speech.
D)text messaging services.
E)none of the above.

Question 29

The Ninth Circuit said that the Yellow Pages were protected speech in what case?

A)Citizens United v.FEC.
B)Chicago Lawyer's Committee v.Craigslist.
C)Dex Media West,Inc.v.City of Seattle.
D)United Airlines v.Norton.
E)Western Trad.P'ship,Inc.v.Attorney General.

Question 30

In what 2012 case did the Supreme Court say that a Montana campaign finance regulation ran afoul of the new rules in Citizens United?

A)Penn Advertising v.Schmoke.
B)FEC v.Wisconsin Right to Life.
C)First National Bank v.Bellotti.
D)Bigelow v.Virginia.
E)Western Trad.P'ship,Inc.v.Attorney General.

Question 31

Under the Lanham Act,victims of advertising fraud may:

A)sue in state courts only.
B)sue in federal courts,but only for actual damages.
C)sue in federal courts for treble damages.
D)sue in state and federal courts,but only for actual damages.
E)bring complaints to the Food and Drug Administration only.

Question 32

In what case did the Supreme Court say that the Federal Cigarette Labeling and Advertising Act did not preempt state law deceptive practice claims in connection with advertising cigarettes as "light"?

A)Mangini v.R.J.Reynolds Tobacco Co. .
B)Lorillard Tobacco v.Reilly.
C)Penn Advertising v.Schmoke.
D)FDA v.Brown & Williamson Tobacco.
E)Altria Group v.Good.