Deceptive Advertising. Thompson Medical Co marketed a new cream called Aspercreme that was supposed to help arthritis victims and others suffering from minor aches. Aspercreme contained no aspirin. Thompson's television advertisements stated that the

Question

product provided "the strong relief of aspirin right where you hurt" and showed the announcer holding up aspirin tablets as well as a tube of Aspercreme. The Federal Trade Commission held that the advertisements were misleading, because they led consumers to believe that Aspercreme contained aspirin. Thompson Medical Co appealed this decision and argued that the advertisements never actually stated that the product contained aspirin. How should the court rule? Discuss.

Answer 1

Deceptive advertising
The court considered the advertisements in terms of "what message was reasonably likely to be conveyed to consumers." Considerable expert testimony indicated that consumers would believe that Aspercreme actually contained aspirin, based on Thompson Medical Co.'s advertising. As a result, the court upheld the FTC finding that the advertising program was misleading and the requirement that Thompson state in all future advertising that Aspercreme does not contain aspirin.