False Advertising - Outline And Essay

FALSE ADVERT ISING

Essay for Final Examination

ELLEN MAHARANI

Outline of False Advertising

09460004964 VII D – 8 Thesis Statement Diploma IV Akuntansi Consumers have to be aware of the dangers in health and safety of such Sekolah Tinggi Akuntansi Negara false advertising. Body Paragraphs 1. Description of false advertising –

Definition of false advertising

–

Requirements of false advertising

2. Dangers in health –

Healthy ingredients and benefits

–

Low portion of non-healthy ingredients

–

Nanoparticles and chemical ingredients

3. Dangers in safety –

Automotive features

–

Healthcare alternative practice

–

Diet pills

Concluding Paragraph We have to be smart consumer in choosing which products best suit for our need considering health and safety.

False Advertising Advertising is common tools in industry. Many companies spend millions even billions in this section to pay celebrities and ideas since surveys prove that advertising plays big role in their income. They produce branding image which are unique, strong, catchy, and easy-toremember for their consumers. Talking about advertising, on the one hand, it is good for its functions, displays, etc; on the other hand, sometimes it is too good to be true, the way they bring the messages to the consumers which state “the number one …”, “you may see the result in just...”, so on and so forth. Illogical sounding absolutely has to be considered in big portion by consumers. Consumers have to be aware of the dangers in health and safety of such false advertising. False advertising might describe in two aspects, in term of definition and requirements. Based on Tricia Ellis-Christensen, false advertising is any type of advertising that deceives consumers. Consumers believe that they will earn several benefits such as good deal, saving money, or buying something that will perform in a specific manner, yet almost all of them are non-existing at all. While the definition that might found in the glossary of research lawyer state that false advertising is the crime or tort of

publishing,

advertisement

broadcasting,

or

that

an

contains

otherwise

publicly

untrue,

misleading,

distributing or

an

deceptive

representation or statement which was made knowingly or recklessly and with the intent to promote the sale of property, goods, or services to the public.

To

be

considered

as

false,

advertising

has

to

pass

five

requirements. Those are state a false statement of fact, potentially deceive a substantial portion of its targeted audience, likely affect the purchasing decisions, involve goods or services in interstate commerce (politics exclude), and resulted in or is likely to result in injury to the plaintiff. We have to keep in mind that false advertising is deceptive, misleading, untrue, criminal, even dangerous, just in case to highly persuade the consumers to buy the goods and services.

The first dangers might happen after false advertising, which blowing up the ideas of healthy ingredients and benefits, low non-healthy ingredients or nanoparticles and chemical ingredients, are concerning health. Fast foods (fried chicken, pizza, spaghetti, burger), candies and ice cream products claim that they contain suitable healthy ingredients for consumers like carbohydrate, protein, fat, vitamin and mineral in good portion. The facts are usually contrary to the advertising, they often lead to obesity for daily usage. Olive oil products claim organic-brand classified in their packages even yoghurt products claim might help digestion and boost immunity for daily usage. They are all sued because of false advertising. Some of cigarettes products claim the light or mild ingredient of lower tar and nicotine. Many people believe and buy on the reason of minimizing the effect of smoking and gaining less health-risk. The reality is smokers still yield about the same amount of smoke, tar and nicotine as regular brands. After foods and cigarettes, we still have cosmetics. Natural, botanical, organic cosmetics are usually claimed by several brands, which might be one of the reasons for consumers to buy, yet it does not mean one-hundred-percent guarantee towards our health. They still do not show transparent information about nanoparticles being used in cosmetics which may directly or indirectly affect human health in their anti-wrinkle creams and sun screens products. Those nanoparticles might contain carcinogens, mutagens, reproductive toxins and few hundred other chemicals with long-term even short-term effects. By those all proofs, consumers have to be aware of the dangers in health of such false advertising or years later they might suffer from cancer as the cumulative dangerous impact of the products. Other dangers are concerning safety on the consumers which are in automotive features, healthcare alternative practice and diet pills. Today’s new vehicles highlight safety by simply listing the safety features included. The findings are not save even saver that they should be. The automobile directly causes some 40,000 deaths a year in the United States, some of these deaths attributable to automotive design flaws and failed safety features (firestone tires equipped, noise warning system, anti

collision technology, etc). Another thing is not save as it seems to be is healthcare alternative practice. Quack (a person who pretends to be educated and licensed to diagnose or treat a patient with a health problem) diagnoses, treats and then sells herbal supplements and offers therapies that will supposedly cure the patient. Despite of getting good healthcare advice or treatment, they may get sicker and die sooner because of illegal, fraudulent and harm practice. The last is about diet pills. Diet pills always claim that instantly might lose fat even without exercising. Consumers have to accept the reality that it just will lead to dehydration than truly losing fat. Dehydration might cause dizziness, unconsciousness even death. By then, consumers absolutely have to be aware of the dangers in safety of such false advertising or they might die sooner or later. All in all, we have to be smart consumer in choosing which products best suit for our needs considering health and safety. The keys to be remembered, false advertisings are too good to be true and sounding illogical. What we have to do are asking ourselves about the logic result of their promotion, searching as many facts as possible to support our decisions, and learning as many experiences as possible from others. By doing so, you will not be victimized by such kind of false advertising ever.

References : Burns, Ronald, Jeff Ferrel, and Erin Orrick. 2005. False Advertising, Suggestive Persuasion, and Automobile Safety: Assessing Advertising Practices in the Automobile Industry. The Southwest Journal of Criminal Justice Volume 2 - No. 2 / 2005. 2-5. Business Dictionary : False Advertising. West’s Encyclopedia of American Law. http://www.answers.com/topic/false-advertising (accessed May 21, 2009). Colker, David. October 07, 2007. Getting the skinny on miracle-diet drugs. Los Angeles Times Article of Business. http://articles.latimes.com/2007/oct/07/business/fi-consumer7 (accessed May 21, 2009).

Ellis-Christensen, Tricia. 2003. What is False Advertising. Wise Geek Article of Business and Economy. http://www.wisegeek.com/what-is-falseadvertising.htm (accessed May 21, 2009). Groves, Martha. October 17, 1997. Olive Firm Accused of Mislabeling Products 'Organic'. Los Angeles Times Article of Business. http://articles.latimes.com/1997/oct/17/business/fi-43591 (accessed May 21, 2009). G. Savage, David. December 16, 2008. Supreme Court lets smokers sue over 'light' cigarettes. Los Angeles Times Article of National. http://articles.latimes.com/2008/dec/16/nation/na-scotus-tobacco16 (accessed May 21, 2009). Latimer, Hugh. November, 2003. False Advertising/Consumer Protection: Key Issues And Dangers. Wiley Rein and Fielding LLP. 6-13. Understand Your Legal Issue : Glossary of Legal Term. MartindaleHubbell® Lawyers.comSM. http://research.lawyers.com/glossary/falseadvertising.html (accessed May 21, 2009). Safe Cosmetics :Questions and Answers. Breast Cancer Action Montreal. http://www.metrocorpcounsel.com/current.php?artType=view&artMont h=January&artYear=2004&EntryNo=1077 (accessed May 21, 2009). Semuels, Alana. January 24, 2008. Yogurt maker sued for claims. Los Angeles Times Article of Business. http://articles.latimes.com/2008/jan/24/business/fi-yogurt24 (accessed May 21, 2009). Torrey, Trisha. October 13, 2008. Quacks and False Advertising. : Unsuspecting, Desperate Patients Fall for Fraudulent Professionals and Products. About.Com Patient Empowerment. http://patients.about.com/od/decisionmaking/a/fraudandquacks.htm (accessed May 21, 2009).