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Case Problem - Assignment Example

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[Your Name] Case Problem-1 A. The matter has been filed in the Federal Court and not a state court because the petitioners alleged constitutional infringement of commercial speech or violation of First Amendment rights…
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Case Problem Assignment
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Download file to see previous pages Laws include the Federal Lanham Act, the State laws in the form of consumer protection laws, and the case laws acting as a precedent. C. It will be unconstitutional to ban the advertisement. The justification may be that though the present law grants the government power to regulate advertisement under certain conditions as per Central Hudson v. Public Service Commission and Board of Trustees of the State University of New York v. Fox, , the conditions remain unfulfilled. In the present case the question is whether the government will have the power to regulate liquor advertising in the state of Washington. The conditions which will allow the government to do so would be presence of substantial state interest, which is actually there in the present case in the form of a need to stop under aged drinking. The second condition is whether the regulation directly advances the interest, which it doesn’t as there’s no proof that banning advertisement will stop under aged drinking particularly. The third condition is that the regulation is not unreasonably extensive than what is necessary, which it is, as there is no evidence that it will stop underage drinking in particular and will surely affect the liquor business. Case problem-2 The sales representative is not correct in her assertion, as it is material whether the commercial speech is true or false. The reason is that commercial speech is not protected under, any law, if it’s false and misleading, as in the present case. Certain statutes and Federal Trade Commission Rules prohibit it, in addition to the case laws which act as a precedent to support the cause. If the national company is taken as a competitor to my present online business, civil suit can be brought against the company for publishing false or misleading description of its goods. In addition to the Lanham Act, the state consumer protection laws also protect the consumers against false and misleading advertisements given by a business. Finally, the Federal Trade Commission (FTC) also prohibits it. The FTC can invoke its powers, with regard to false and misleading advertisement, if the communication is an advertisement, the advertisement affects interstate commerce and the advertisement is false or deceptive. In addition to the remedies offered by the courts under the Lanham and consumer protection laws in the form of injunction and fines, the FTC has its own set of remedies to take care of the issue. The FTC publishes specific guidelines for advertising in an entire industry. The FTC has voluntary compliance remedy, which will seek a voluntary agreement from the advertiser to terminate a campaign and to repeat the same, without any sort of determination. Moreover, the FTC can make consent agreements with the advertisers, issue a litigated order in case the advertiser refuses to sign the consent order, force the advertiser to prove the claims made in an advertisement by Substantiation and move to court for an order of injunction. Case Problem-3 The consumer organization is correct in its assertion, as the conditions laid down by FTC for an ad to be taken as false and deceptive are fulfilled. In the present case there is a representation which will mislead the consumer. The exercise club states that clients of the club lose 30 to 50 pounds in two months, yet, they didn’t make their claim based on substantial evidence. When they ...Download file to see next pagesRead More
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