Question 1

Lemon law protection arises under state law, for every U.S. state, as well as the District of Columbia, has enacted its own lemon laws.

Accepted Answer

Each U.S. state and the District of Columbia has its own set of lemon laws designed to protect consumers from defective vehicles, ensuring they have legal recourse if their new or, in some cases, used vehicle fails to meet quality and performance standards.

Question 2

New-vehicle lemon laws require that an auto manufacturer repurchase a vehicle that has a minor defect that the manufacturer is unable to repair within a reasonable amount of time.

Accepted Answer

New-vehicle lemon laws typically require the defect to be substantial and not merely minor, and that it significantly impairs the use, value, or safety of the vehicle, and the manufacturer has had a reasonable number of attempts to repair it.

Question 3

The FTC established the Do Not Call Registry whereby consumers sign up to be on a list that protects them from certain unsolicited calls by telemarketers.

Accepted Answer

The Federal Trade Commission (FTC) established the National Do Not Call Registry to enable consumers to reduce the number of unwanted telemarketing calls they receive.

Question 4

In bait-and-switch schemes, a seller advertises an item for sale at a very good price or on favorable terms and has all intentions of actually selling that product at that price or on those terms.

Accepted Answer

In bait-and-switch schemes, the seller advertises an item at a good price or favorable terms with no intention of actually selling it at that price or terms, aiming instead to switch customers to a more expensive product or less favorable terms.

Question 5

The FDA regulates the labeling of food packages and investigates any public outbreaks of illness related to food contamination.

Accepted Answer

The FDA (Food and Drug Administration) is responsible for regulating the labeling of food packages to ensure they meet federal standards for honesty and safety. It also investigates public outbreaks of illness that are related to food contamination to protect public health.

Question 6

The FDA defines obliterated food as that which contains a "filthy, putrid, or decomposed substance" or any food "unfit for consumption."

Accepted Answer

The FDA does not use the term "obliterated food." The correct term is "adulterated food," which is defined as food that contains a "filthy, putrid, or decomposed substance" or is otherwise unfit for consumption.

Question 7

State administrative law often mirrors the federal system in terms of how regulations are developed, implemented, and enforced.

Accepted Answer

State administrative law often follows a similar structure to the federal system, with agencies at the state level developing, implementing, and enforcing regulations in a manner that mirrors the processes used at the federal level. This includes notice-and-comment rulemaking, enforcement actions, and adjudications.

Question 8

Which agency has oversight over making expressly false statements in an advertisement about a product's quality, ingredients, or effectiveness?

Accepted Answer

The Federal Trade Commission (FTC) is responsible for protecting consumers by combating deceptive and unfair business practices, including false advertising about a product's quality, ingredients, or effectiveness.

Question 9

What is the name of the first piece of legislation enacted in response to protect consumers?

Accepted Answer

The answer of What is the name of the first...

Question 10

Lemon law protection arises under:

Accepted Answer

Lemon laws are statutes that provide remedies to consumers for vehicles that repeatedly fail to meet standards of quality and performance. These laws exist at the state level, including all states and the District of Columbia, making all of the choices correct.

Question 11

Lemon laws consider the nature of the problem with the vehicle, the number of __________ that the vehicle is unavailable to the consumer for service of the same mechanical issue, and the number of repair attempts made.

Accepted Answer

Lemon laws typically consider the number of days that a vehicle is unavailable to the consumer for service of the same mechanical issue, among other factors, to determine if a vehicle qualifies as a "lemon."

Question 12

A __________ number of states also have enacted lemon laws that cover used vehicles as well.

Accepted Answer

A small number of states have enacted lemon laws that specifically cover used vehicles, as most lemon laws primarily focus on new vehicle purchases.

Question 13

In bait-and-switch schemes, a seller advertises an item for sale:

Accepted Answer

Bait-and-switch schemes involve advertising an item for sale at a very good price or on favorable terms to attract customers, before trying to sell them a different, usually more expensive item.

Question 14

The Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003 regulates the sending of unsolicited e-mail (spam) by prohibiting certain online __________ practices, including falsifying the "from" name and information in the subject line, and mandating that senders provide a physical address of the producer of the e-mail.

Accepted Answer

The CAN-SPAM Act specifically targets and regulates marketing practices in emails, including prohibiting deceptive subject lines and requiring a physical address.

Question 15

In December 2016, Congress enacted the __________ which protects people's ability to share their honest opinions about a business's products, services, or conduct in any forum, including social media.

Accepted Answer

The Consumer Review Fairness Act (CRFA) was enacted to protect the rights of consumers to post honest reviews about a business's products, services, or conduct, including on social media platforms.

Question 16

The Food and Drug Administration (FDA) is a federal agency of the United States Department of __________, one of the many cabinet-level executive departments of the federal government.

Accepted Answer

The Food and Drug Administration (FDA) is a federal agency of the United States Department of Health and Human Services, which is responsible for protecting and promoting public health through the control and supervision of food safety, tobacco products, dietary supplements, prescription and over-the-counter pharmaceutical drugs, vaccines, biopharmaceuticals, medical devices, and veterinary products.

Question 17

The FDA was empowered by Congress to enforce the Food, Drug, and Cosmetic Act to regulate the __________ of foods, medications (including over-the-counter medications and prescription drugs), medical devices, and cosmetics.

Accepted Answer

The FDA (Food and Drug Administration) is empowered by Congress to enforce the Food, Drug, and Cosmetic Act, which includes the regulation of the testing, manufacture, and distribution of foods, medications (both over-the-counter and prescription drugs), medical devices, and cosmetics. This comprehensive mandate ensures that these products are safe for consumer use and meet specific standards of quality.

Question 18

A major component of the Food, Drug, and Cosmetic Act is the requirement that makers of certain food ingredients, additives, drugs, or medical devices obtain __________ FDA approval prior to selling the product to the general public.

Accepted Answer

The correct answer is D) formal. The Food, Drug, and Cosmetic Act requires that makers of certain food ingredients, additives, drugs, or medical devices obtain formal FDA approval before they can sell these products to the general public. This ensures that the products are safe and effective for use.

Question 19

One of the largest fines ever levied by the FDA was against Odwalla Juice Company in the 1990s, when Odwalla was accused of producing a bad batch of apple juice using blemished fruit contaminated with the infectious __________ bacterium.

Accepted Answer

The bacterium involved in the Odwalla Juice Company incident was E. coli, specifically E. coli O157:H7, which caused an outbreak of foodborne illness.

Question 20

The FDA is led by the __________ of Food and Drugs, who is appointed by the president with the advice and consent of the Senate.

Accepted Answer

The FDA is led by the Commissioner of Food and Drugs, who is appointed by the president with the advice and consent of the Senate.

Quiz 44: Consumer Protection