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in addition to your treatment to get rid of incurable problems. with a small disclaimer at the bottom stating: (none of the above products are meant to replace medical practices/practicioners or to diagnose, cure or treat any disease).
is this advertisement legal? is it deceptive? would you let it appear in the newspaper? why or why not?

2006-12-18 02:00:27 · 2 answers · asked by curious 1 in Politics & Government Law & Ethics

2 answers

The disclaimer is what makes it legal, though, by your wording, it is borderline deceptive as they are making claims that have not been substantiated, while not specifically saying in the disclaimer that these claims (that the gems are a form of non-toxic healing) are unsubstantiated by clinical tests. I would reword it if this were my ad.

2006-12-18 02:15:22 · answer #1 · answered by Phoenix, Wise Guru 7 · 0 1

Sadly, according to all of the Federal Courts of Appeals and one, somewhat related, Supreme Court Case, because of the disclaimer at the bottom it is not deceptive or misleading. Although I disagree, according to the Court, it is not deceptive. I would publish it. After all, it's no worse than any of the other ads I see in my newspaper every day. Also, they're paying for the ad, so make the money off of them. The ad is perfectly legal.
If you are curious and wish to do more research, I suggest you look at most of the diet drugs on the market, such as: Dexatrim, Leptopril, Metabolife, etc.

2006-12-18 11:10:01 · answer #2 · answered by cyanne2ak 7 · 0 1

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