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1. What constitutes false advertising and what types of materials are subject to the false advertising laws? Is advertising protected by the First Amendment?
2. Who can challenge advertising claims that are believed to be false and in what forums can such claims be challenged?
3. What can a company do to insure that its advertising does not run afoul of one or more false advertising laws and regulations?
4. What is the first thing that must be considered when an advertiser or a competitor is evaluating an advertising claim?
5. What is the second thing that must be considered when an advertiser or a competitor is evaluating an advertising claim?
6. Are there any other factors that must be considered when an advertiser or competitor is evaluating an advertising claim?
7. What is meant by "puffing" or "puffery" and what role does it play in advertising litigation?
8. What are the standards that govern "price" and "sale" advertising?
9. Does information provided in fine print mitigate legal liability?
10. What is the difference between false advertising and deceptive advertising? And how do these doctrines relate to practices such as misrepresentation, product disparagement and "palming off"?
11. What remedies and penalties are applicable to false advertising and what is the most effective way for a company to address a competitor's false advertising?
12. What are some of the landmark false advertising cases and what were the consequences for the advertiser in those cases?
13. What kinds of advertising claims does the FTC focus on and how does it decide which cases to bring? Did the January 2007 $25 million settlement against four advertisers of weight-loss pills represent a new precedent in the size or reach of FTC enforcement actions?
14. Why are consumer class actions involving mass media advertising increasingly common? Can a lawsuit be brought on behalf of the "general public" without satisfying traditional class action requirements?
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