Discuss the following:
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Our focus this week is on liability for defective products AND deceptive advertising in violation of warranty protections per a product liability cause of action. Remember that product liability law protects from deception per advertising by way of breach of warranties AND for a defective product per design defect, manufacturing defect or a failure to warn defect in the marketplace.
For deception per advertising, one of the cases in the chapter reading is about when Listerine marketed itself as preventing colds. In actuality, it did not help to prevent colds and the Federal Trade Commission ordered it to stop marketing itself that way to the public. Why? Because consumers were buying it because they believed it would prevent colds and anytime you try to fool consumers into buying your product using false and misleading advertising – you have committed a violation of an EXPRESSED warranty to the public. We can also have an advertisement that is deceptive per an implied warranty. Be sure to explain these in your answers.
The Federal Trade Commission (FTC) is tasked with preventing "unfair and deceptive trade practices." It regulates whenever the public is being deceived, regardless of any effects on competition. The FTC considers:
Be sure to use the legal research database for your caselaw examples. If you have trouble finding a case, you can also use the FTC website below that provides for up-to-date actions. See here: https://www.ftc.gov/enforcement/cases-proceedings. Be sure your case example is recent and provide for the sources you use. Also, please try to follow the format of my case law examples. This way, you meet all the requirements for a substantive and informed answer.
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