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12 Cards in this Set

  • Front
  • Back
1865-1900: Era of Exaggerated Claims
Caveat emptor, “let the buyer beware”
Buyer is responsible for detecting corruption
1900-1965: Era of Public Awareness
“let the seller beware”
Birth of business/advertising regulation
seller responsible for corruption
--The progressive movement was an effort to cure many of the ills of American society that had developed during the great spurt of industrial growth in the last quarter of the 19th century.
1965-present: Era of Social Responsibility
Increased industry oversight
Regulation should be more aggressive in companies
Progressives had three major goals:
*The desire to remove corruption and undue influence from government through the taming of bosses and political machines;
*the effort to include more people more directly in the political process;
*the conviction that government must play a role to solve social problems and establish fairness in economic matters.
Most of the major regulatory/advertising legislation was crafted during the _________
Era of Public Awareness
Pure Food and Drug Act (1906)
aka, the Federal Food, Drug, and Cosmetics Act
Established the Food and Drug Administration
Forbids the manufacture, sale, or transport of adulterated or fraudulently labeled foods and drugs
Focuses on labels, not other forms of advertising
FTC v. Winsted Hosiery Company (1922)
Supreme Court ruled that false advertising was an unfair trade practice.
Wheeler-Lea Amendment (1938)
Places advertising of foods and drugs under jurisdiction of FTC
Broadens FTC duties from protecting businesses to protecting consumers as well
FTC Improvement Act (1980)
Allows the House of Representatives and Senate to jointly veto FTC regulation rules
Severely weakens FTC
Some have argued that the 1980s marked the beginning of deregulation
Telemarketing Act (1994)
Specifies that telemarketers may not call anyone who requests not to be contacted
Formation of the Do Not Call list
Food and Drug Administration
Established by Pure Food and Drug Act (1906). The FDA is the regulatory division of the Department of Health and Human Services

Oversees package labeling, ingredient listing, and advertising for food and drugs

Focuses heavily on pharmaceutical products
Substantiation
Advertisers must be able to support their claims and have evidence in hand