Fact Pattern 19-2
Jayme's Best produced a new line of pasta sauce (Herbal Health), intending for it to have extra nutritional benefits. Using the freshest ingredients, Jayme's added special herbs to the tomato paste and spices, as the herbs are believed by some Tibetan monks to have the power to prevent cancer. Jayme's marketed the sauce in grocery stores and health food stores. Jayme's advertisements said that Herbal Health may help prevent cancer and taste a lot better than the competition. Based on these facts, answer the following questions.
-Refer to Fact Pattern 19-2. If the advertising for the supposed health benefits of Jayme's sauce is believed by the Federal Trade Commission not to be truthful, the FTC may:
A) not oppose the advertising if the product has been approved by the FDA.
B) warn the public that the advertising may not be truthful, but do no more.
C) order Jayme's to provide evidence to back up the health claims, but no more.
D) sue to block more deceptive advertisements, but no more.
E) sue to block deceptive advertisements and seek a court order for Jayme's to pay for corrective ads.

Question

Quizplus · Accepted Answer

The FTC may sue to block deceptive advertisements and seek a court order for Jayme's to pay for corrective ads if they are found to be untrue. This is a common remedy the FTC uses to address deceptive advertising. Merely warning the public or asking for evidence to back up the claims is not enough to address the harm caused by the deceptive advertisements. The approval of the FDA for the product does not necessarily mean that the advertising claims are truthful, so choice A is incorrect.

Fact Pattern 19-2 Jayme's Best Produced a New Line of Pasta Sauce (Herbal