Question

Identify two examples of persuasive advertising that might have gone too far with their messages. Argue why you believe these messages crossed the line between effective persuasion, under unfair and deceptive trade practices in Advertising as a Contract Basis for Product Liability. Provide support for your response.

Answer 1

Answer:

Product advertising is done with the objective of persuading customers to consume the product by providing useful information about what it contains and its benefits (Azcuenaga, 1997). However, an unfair and deceptive practice may arise when the producer uses misleading information and misrepresents the nature and the quality of a product with the aim of inducing customers to consume the product.

For example, Johnson & Johnson Company’s advertisement of their drug product compared the characteristics of the drug to those of a similar American Home Product drug but left out some important details on the side effect of the drug (Sobel, 1987). In another example, there is a case where a Village Ford Automobiles sales person Fred Galaraza failed to place a price sticker on a car and Ronald the customer ended up purchasing the car more than it was worth as he was deceived by Fred who showed him other cars that were actually dissimilar to the one sold (Jeeva, 2016). Ronald thereafter learned he had been deceived and contacted the company management who denied, citing that the car was worth that much.

The second example represents a deceptive trade practice which went beyond persuasive advertising by the fact that the company failed to disclose the actual cost of the car and to influence the buyer and ended up exploiting him. An Illinois appeal court awarded Ronald the amount he had been charged above the value of the car (Jeeva, 2016). The first example, on the other hand, qualifies to be an application of unfair persuasion because Johnson &Johnson Company provided misleading information through omission of side effect details, and the drug could, therefore, pose a health risk upon consumption (Sobel, 1987).

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