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Article: Too good to be true? False advertising goes to court. (Of Counsel).(Brief Article)
- Article from:
- Utah Business
- Article date:
- August 1, 2002
- Author:
CopyrightCOPYRIGHT 2002 Olympus Publishing Co. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Advertising is both powerful and controversial. A good ad rivets our attention as it colors, spoofs, romanticizes and stretches the truth. However, the law tolerates only limited truth-stretching. Courts and regulators pounce on advertisers who cross the gray line between legal and illegal embellishments of the truth.
Federal and State Regulations
The U.S. Supreme Court held, in the 1980 Central Hudson Gas & Electric case, that advertising can be regulated if it is deceptive, advertises illegal products or if the state has an otherwise legitimate, substantial interest in such regulation. Strong federal and state regulatory agencies enforce those ...