Claims’ determination

( how are the reasonable consumer likely to respond to such practice) . omission or practice must be likely to mislead reasonable consumers under circumstances. The Commission determines the effect of the practice on a reasonable member of that group.Approaching method To be considered false or misleading or deceptive.

- the effect of the practice on a reasonable member of that group/ • How reasonable consumers are likely to respond? “ the entire mosaic. rather than each title separately” ( in general) - the Commission looks to the impression made by the advertisement as a whole. • In Omission cases.Reasonable interpretation • It must be the one the respondent intended to convey. . illness people). elderly. the Commission examines the failure to disclose regarding to expectations and understandings of the typical buyer regarding the claims made • For vulnerable consumers’ group ( children. • ( the net impression it is likely to make on the general populace).

Disclosures • Qualifying disclosures? Legible and understandable. as well as clear and conspicuous. • How clear is the representation? • How conspicuous is any qualifying information? • How important is the omission ( omitted information? • How conspicuous is any qualifying information? • Other sources of the information? • Public’s familiarity? .

product’s characteristics • “ If different choices are likely. safety. it is important information to consumers.Material practice? Material claims? • Materiality: a representation. claims about heath. the claim is material. • Express claims. and injury is likely as well” • Injury= materiality . omission or practice must be a material one for deception to occur.

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