This was done for my final research paper in JMC4410.

1. ADVERTISING DECEPTION AND THE FTC:
AN ANALYSIS AND HISTORY OF
ADVERTISEMENT DECEPTION
Hannah Asbury

2. Introduction
■ Advertising in the U.S. regulated by Federal Trade Commission (FTC)
■ Loop holes
■ Purpose of this paper is to explore history and changes within the FTC

3. Brief Legal History
■ Commercial Speech Rights
– Central Hudson (1980)
■ FTC responsibility to avoid deception in advertising
■ Deceptive ad definition and ways of prevention
■ Lanham Act

4. Recent Case Law
■ FTC v. Colgate-Palmolive Co. (1964).
■ Lexmark Int'l, Inc. v. Static Control Components, Inc. (2013)
■ FTC v. Coorga Nutraceuticals Corp. (2016)
■ FTC v. NPB Adver., Inc. (2016)

5. Law Reviews
■ Demaine (2018) focuses on “powerful imagery”
■ Webber (2014) need for another agency to also help monitor
■ Bladow (2018) and influencer marketing

6. Conclusion
■ First Amendment protects commercial speech as long as it is not deceptive
■ Limitations include:
– Depth of research
– Changing of laws
■ Further research in imagery and more agency