The express was that the person that you gift the perfume/cologne to would fall in love. -What were the implied claims? The implied claim was that the person you gift it to would fall in love with YOU. -Did Love Spell deliver on their claims? While they delivered on their express claim, Love Spell did not deliver on their implied claim. -Where the claims material? Would Andrew have bought the perfume even if the claims hadn’t been made? Yes, the claims were material. The facts tell us that the perfume smelled bad so its unlikely that Scenario B -Was Brad reasonable? Would a reasonable person have viewed this ad the same way Brad did? Yes, Brad was pretty reasonable and a reasonable person probably would have viewed this ad the same way that Brad did. -What was the claim in this case? The claim was that Slim-Ups would help him burn 700x as many calories as he would burn wearing regular shoes. -What kind of evidence did Seebok say they had to support their claim? Seebok said that they had clinical trials that supported their claim. -Was there sufficient evidence to back up this claim? No! They didn’t even have the minimum evidence that they SAID they had. Scenario C the claims made by Smokease particularly troubling? The FTC is particularly skeptical of health/safety claims (preventing lung cancer claim) and claims that the average consumer would have evaluating for themselves (environmental claim)
The express was that the person that you gift the perfume/cologne to would fall in love. -What were the implied claims? The implied claim was that the person you gift it to would fall in love with YOU. -Did Love Spell deliver on their claims? While they delivered on their express claim, Love Spell did not deliver on their implied claim. -Where the claims material? Would Andrew have bought the perfume even if the claims hadn’t been made? Yes, the claims were material. The facts tell us that the perfume smelled bad so its unlikely that Scenario B -Was Brad reasonable? Would a reasonable person have viewed this ad the same way Brad did? Yes, Brad was pretty reasonable and a reasonable person probably would have viewed this ad the same way that Brad did. -What was the claim in this case? The claim was that Slim-Ups would help him burn 700x as many calories as he would burn wearing regular shoes. -What kind of evidence did Seebok say they had to support their claim? Seebok said that they had clinical trials that supported their claim. -Was there sufficient evidence to back up this claim? No! They didn’t even have the minimum evidence that they SAID they had. Scenario C the claims made by Smokease particularly troubling? The FTC is particularly skeptical of health/safety claims (preventing lung cancer claim) and claims that the average consumer would have evaluating for themselves (environmental claim)