Homemade Soup Co has advertised their soup in certain magazines using photographs showing bowls of their soup but with pebbles at the bottom of the bowl. The pebbles were used to displace the soup in the bowl, forcing the vegetables and meat to the
surface. This photographer's trick made the soup appear heartier than it was. An FTC staffer is thumbing through the latest edition of her favorite magazine. She notices the Homemade Soup Co ad and goes to her kitchen, opens a can of Homemade's soup and decides that her bowl of soup looks nothing like the one in the ad. What are the steps the FTC would take to proceed against Homemade Soup Co?
In a typical situation, the FTC discovers a potentially deceptive practice, investigates, files a complaint, has a hearing in front of an Administrative Law Judge (ALJ) to determine if a violation of the law has actually occurred, and obtains a cease and desist order if the ALJ finds that one is necessary. The respondent may appeal to the FTC commissioners to reverse or modify the order.
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