PHIL316 Ch6 (FINAL)

Essay: Defend the position that advertising manipulates human needs and can create artificial ones.

Advertising promises satisfaction of deep needs in the products it sells, but that promise is rarely kept. The imaginative, symbolic, and artistic content of advertising is manipulating, distorting, and creates the very wants it satisfies. Producers create goods and the demand for those goods.

Short Answer: What is subliminal advertising?

Advertising that communicates at a level beneath conscious awareness where the vast reservoir of human motivation primarily resides.

Essay: Defend the position that advertisers must use imagination and artistic content to address human needs.

By connecting products with important emotions and feelings, advertisements can also satisfy our deeper needs and wants. Art and advertising help us repackage the crude, drab, oppressive reality that surrounds us. Art and advertisements help us modify, transform, embellish, enrich, and reconstruct the world around us. Advertising helps satisfy a legitimate human need. Embellishment and distortion are advertising's socially desirable purpose.

Short Answer: What is the doctrine of caveat emptor?

Caveat Emptor means "let the buyer beware" and is frequently associated with patent medicines and false product claims. The consequences of product choices fell on the legal responsibility of the consumer.

In 1972 Congress created one of the most important agencies for regulating product safety. This agency is the

Consumer Product Safety Commission.

Short Answer: What is due care?

Due care is idea that consumers and sellers do not meet as equals and that the consumer's interests are particularly vulnerable to being harmed by the manufacturer who has knowledge and expertise the consumer doesn't have. Manufacturers have an obligation above and beyond any contract to exercise due care to prevent the consumer from being injured by defective products.

Short Answer: Regulations often benefit consumers, but not always. Name one reason that regulations can sometimes harm consumers.

Economic Cost, new safety standards add miillions of dallars to the cumulative price tag of various goods. Economists can estimate how many lives a regulation saves and then compare that number to the cost of implementing the rule. Is the expense always worth it?

Short Answer: Give an example of deceptive ambiguity in advertising.

In ads for bread, Continental Baking Company implied that eating the bread would lead to weight loss, and a large number of people interpreted the ad to mean that eating the bread really would cause them to lose weight. Their bread had the same calories as other breads but was sliced thinner, therefore resulting in fewer calories per slice.

Short Answer: What is the importance of Greenman v. Yuba Power Products?

In the case of Greenman v. Yuba Power Products, the court explicityly held that an

Which of the following is an example of price gouging?

New York hotel that doubled or tripled their prices in the aftermath of the September 11, 2001, attacks.

Short Answer: Give an example of labeling or packaging that would be deceptive or misleading.

Organic milk often comes from cows that are not on pasture, and products that bear the label "organic" or "USDA organic" are not necessarily 100 percent organic but my contain the same kind of synthetics that conventional food processors use.

Short Answer: What is the importance of the 1916 case of MacPherson v. Buick Motor Car?

The 1916 Case of MacPherson v. Buick Motor Car gave us the right to sue manufacturers for injury from defective products.

Short Answer What is an argument for strict product liability?

The argument for strict product liability is basically utilitarian. First, it will induce firms to bend over backwards to guarantee product safety because they know they'll be liable for injury from defects NO MATTER WHAT. Second, the manufacturer is best able to bear the cost of injuries due to defects (they can raise prices to pay for legal fees and liability insurance).

Short Answer: Give an example of manipulative pricing.

Three-for-two offers, or when airlines omit the taxes and other fees that make apparently chap tickets much more expensive.

In deciding whether an ad is deceptive, today the FTC basically follows

a "modified" ignorant consumer standard.

According to the legal doctrine of strict product liability,

a manufacturer need not be negligent to be held liable for a defective product

Critics of advertising generally agree that

advertising rarely gives consumers much useful information.

Terms like "can be," "as much as," and "help," are examples of

ambiguity

For years Bayer aspirin advertised that it contained "the ingredient doctors recommend most." This is an example of

concealed facts

Harvard business professor Theodore Levitt has

drawn an analogy between advertising and art.

"Puffery" is an example of which of the following deceptive or misleading advertising techniques?

exaggeration

People generally speak of two kinds of warranties. What are these two kinds of warranties?

express and implied

Caveat emptor means

let the buyer beware

Legal paternalism is the doctrine that the law

may justifiably restrict the freedom of the individual for his or her own good.

Every year ___________ of Americans require medical treatment from product related accidents.

millions

Statistically, there is strong evidence that exposure to television advertising is strongly associated with

obesity in children under twelve

The case of MacPherson v. Buick Motor Car in 1916 changed product liability law. As a result of it, the courts

permitted consumers to sue manufacturers with whom they had no contractual relationships.

According to Galbraith's "dependence effect,"

producers use advertising to shape consumer wants.

The terms "best, finest, and most" are examples of

puffery

Advertising

subsidizes the media

Which statement is accurate in its description of consumer protection?

the Consumer Product Safety Commission has the power to order recalls.

Which statement is true from an ethical perspective?

the argument for strict liability is basically utilitarian

Before the case of MacPherson v. Buick Motor Car in 1916, the law based a manufacturer's liability for injuries due to a defective product on

the direct contractual relationship between the producer and the consumer.

Due care is

the idea that consumers and sellers do not meet as equals and that consumer's interests are particularly vulnerable to being harmed by the manufacturer.

The consumer's main source of product information is

the label and package

The goal of advertising is

to persuade people to purchase the product.

The case of FTC v. Standard Education was important in the legal transition

toward something like the ignorant consumer standard.