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Word Count: 577
Ivan Preston is the author of this article about what falsities the law permits and what it prohibits He starts off by looking at the method of regulating advertising claims and then Preston looks at the Aspercreme caseFirst Preston tells us that the Federal Trade Commissions FTC key regulators are its commissioners and judges Other regulators are the federal trial judges who try private suits These are called Lanham cases and they are private suits brought against each other by advertisers Most advertisers use the FTCThe regulators regulate deceptive or false advertising Preston defines an act as legally deceptive when it misleads people or at least is likely to Regulators are first supposed to show the advertising that was run and what it says as evidence Next they look at what the public understood the advertisement to mean If that matches what the as was meant to say then there is no problem However if the public opinion contradicts what the company says the ad is supposed to depict the regulators have the authority to prohibit it Also if the regulators find any glitches in the advertisement for instance portraying false information they have the right to prohibit it Up to now the advertiser doesnt pay any fees however if they continue to run the ad they can be fined for violating their orderPreston talks next about the quantity of people that have to be deceived in order to consider an ad to be unlawfully deceptive According to the FTC its 20-25 percent but according to Lanham cases its 15 percent The purpose of having these numbers so low is that it prevents the possible deception of any large minority group to stand for the public interest Preston then talks about the reasonable person standard This says that citizens must do what a sensible rational person should do and if they dont they wont get any protection from the law However this implies that at
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