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Should advertising be subject to more regulation than other forms of speech?
This goes for all forms of advertising -- print, broadcast, etc.
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November 18, 2009 12:28 PM
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My first reaction would be to say yes of course, but upon a few more moments of thought, I'm not so sure. I think we have gone way to far in letting manufacturers, marketing and sales departments instruct us on the truth concerning their products. I think the answer lies more in the direction of educating ourselves and getting back to the old adage of "buyer beware".
If an advertisement for a acai berry drink says that the drink is FDA approved as a cancer risk reducing agent, should we take their word for it or should we go to the FDA source and check it out ourselves? If a car salesman says that JD Powers has awarded a particular model of Buick "Best in Class", should we take his word for it or go look at JD Power's report?
What about verbal information from salesmen, reviews that are funded by third parties, testimonials by over-zealous sales people who used the product and got cured. What about a testimonial from your neighbor?
I don't think the answer is trying to get the government to police adverising. I think the answer is to educate ourselves on the products we use and the claims made about them. If anything, making FDA information more readily available would be helpful. Perhaps the government could help by making accurate information easily available, rather than trying to eliminate false information.
If an advertisement for a acai berry drink says that the drink is FDA approved as a cancer risk reducing agent, should we take their word for it or should we go to the FDA source and check it out ourselves? If a car salesman says that JD Powers has awarded a particular model of Buick "Best in Class", should we take his word for it or go look at JD Power's report?
What about verbal information from salesmen, reviews that are funded by third parties, testimonials by over-zealous sales people who used the product and got cured. What about a testimonial from your neighbor?
I don't think the answer is trying to get the government to police adverising. I think the answer is to educate ourselves on the products we use and the claims made about them. If anything, making FDA information more readily available would be helpful. Perhaps the government could help by making accurate information easily available, rather than trying to eliminate false information.
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November 18, 2009 05:27 AM
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I believe that speech, as a medium for communicating thought and expression by an individual, should never be infringed upon. Advertising, although utilizing speech as a tool for providing discourse to promote a product or service, does not equate itself to the speech of an individual. Therefore, some elements of regulation with the limited aim of ensuring accuracy and eliminating false claims in advertising, are permissible.
I would not advocate regulation that is biased towards a particular view, nor one that is overly burdensome; just one which is sufficient to accomplish the limited and clear goals stated above.
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I would not advocate regulation that is biased towards a particular view, nor one that is overly burdensome; just one which is sufficient to accomplish the limited and clear goals stated above.
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