Genevieve sells a delicious, fat-and sugar-filled chocolate sauce. She advertise

Question

Genevieve sells a delicious, fat-and sugar-filled chocolate sauce. She advertises her product in a commercial where an actress posing as a mom states " can feel good knowing that my children are more likely to want to eat healthy foods like fruit and whole grain toast for breakfast when they put Genevieve's Chocolate Sauce on them." An announcer then states. "Genevieve's Chocolate Sauce: make your kids want to eat healthy foods." If the FTC were to charge Genevieve with deceptive advertising, which of the following statements would be true? A. The FTC must prove that Genevieve intended to deceive consumers into thinking that her chocolate sauce was healthy for children. B. The FTC must prove that Genevieve misled consumers into thinking that her chocolate sauce was healthy for children. C. A court will presume that Genevieve intended to deceive consumers into thinking her chocolate sauce is healthy for children: Genevieve bears the burden of proof to rebut that presumption. D. The FTC can win only if it can prove the actress never tried Genevieve's chocolate sauce

Explanation / Answer

The FTC enforces that advertisement must be truthful, not misleading. When FTC finds a case of false promising advertisement it must prove that the company misleads the consumers.

Option b is correct.

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