Deliverable 2 - Regulatory Presentation
ashley.sant4
ASantiagoRuiz_Deliverable2_0925202011.pptx
Regulatory Compliance
Ashley Santiago Ruiz
Melinda Whitman
BUL4060CBE:Business Law and Ethical Behavior
September 25, 2020
1
Agencies that govern the advertising of consumer products
Federal Trade Commission- regulates advertising and marketing and prevents unfair practices.
Monitors compliance with trade laws, conducts legal investigations, and files civil suits for non-compliance.
Advertising Self-Regulatory Council- It fosters brand loyalty by increasing public trust in the credibility of advertising.
The Interactive Advertising Bureau- Empowers marketing firms to thrive in the digital economy.
The Federal Trade Commission regulates advertising and marketing to prevent any unfair practices therein. Similarly, the agency monitors compliance with trade laws, wherein it can conduct legal investigations and file civil suits for non-compliance (Baumann & Rasch, 2019). The advertising self-regulatory council fosters brand loyalty by enhancing public trust in advertising credibility. Moreover, the body maintains a level playing field for settling disputes between competitors and target audience. On its part, the interactive advertising bureau empowers marketing firms to thrive in the digital economy.
2
Regulations that govern advertising of consumer products
Advertisements must be truthful and non-deceptive as in commodities’ contents.
The concerned businesses should have evidence to back up their claims.
Adverts should not cause substantial injuries that consumers cannot avoid.
One regulation that appertains to consumer goods, such as bottled water, is that adverts have to be truthful and not deceptive. The truthfulness should apply to, among others, ingredients and composition. The other regulation is that firms should have sufficient evidence to back up any claims that they make regarding their products. Above all, adverts should not cause substantial injuries that consumers cannot avoid.
(In-text citation needed)
3
The Purpose of Consumer Protection
Ensuring fair, competitive, and responsible markets that promote ethical business practices
Promoting and protecting consumers’ economic interest
Improving consumers’ access to information to help them make informed choices
Protecting consumers from hazards to their wellbeing and safety
Consumer protection as it relates to truthful advertising enforces fair and responsible markets that consist of ethical practices. Moreover, the practice promotes and protects consumers’ economic interest. Consumer protection also enhances consumers’ access to information to guide their processes of making informed choices. Conversely, the endeavor protects consumers from potential hazards to their wellbeing and safety.
4
The Purpose of Consumer Protection
Promote social, economic, and environmental responsibility in consumer markets.
To provide a consistent and efficient system of consensual dispute resolution.
Provides accessible and efficient system of redress for consumers.
Establishes a sustainable legal framework for consumer markets.
Consumer protection also promotes social, economic, and environmental responsibility in consumer markets. Furthermore, the practice offers a consistent and efficient system for consensual dispute resolution (de Araujo & Nardi, 2020). In the case of escalating disagreements, consumer protection provides an efficient redress system. In brief, the practice establishes a sustainable legal framework for consumer markets.
5
Consequence for Non-compliance with Regulations
The existing contracts might be rendered null and void.
Conviction for a breach of confidence attracts a fine of imprisonment for a period not exceeding 10 years.
Failure to disclose personal or confidential information attracts fines and imprisonment not exceeding 12 months.
Prohibited conduct, such as making misleading claims attracts a fine that is not 10% of the respondents’ annual turnover.
In Florida, failure to comply with consumer goods regulations might lead to rendering the existing contracts as null and void. Moreover, conviction for a breach of confidence attracts an appropriate fine or imprisonment for a period that does not exceed 10 years. Moreover, failure to disclose personal or confidential information might lead to imprisonment for a period that does not exceed 12 months. Above all, engaging in prohibited conduct, such as making false claims could attract a fine of not more than 10% of the respondent’s annual turnover.
This is not relevant to any of the previous information you provided. You identified the FTC. What are the consequences for violating the FTC regulations? Amounts for the fines, injunctions, etc. should be researched and discussed.
It’s fine to use your State laws but they were not previously identified and the content provided does not relate to the scenario and does not help with meeting the requirements. “Existing Contracts”; “Personal or confidential information”; etc. are unclear.
6
Recommendations
Explore the cost of introducing some minerals to the bottled water.
Introduce the minerals to avoid engaging in misleading advertisements.
After that, the firm should sponsor research to confirm that the water has health benefits.
Alternatively, the firm should change its focus from health benefits of bottled water to hygiene.
A recommendation to comply with regulations and promote the company’s product would be the investigation of introducing some mineral elements to the bottled water. If affordable, the firm should introduce the minerals to avoid the tag of harboring misleading advertisements. After that, the establishment should sponsor research to gain findings that their commodities consist of health benefits. Alternatively, the business should change the focus of its adverts from bottled water’s health benefits to hygiene.
7
References
Baumann, F., & Rasch, A. (2019). Injunctions against false advertising (No. 314). DICE Discussion Paper.
de Araujo, N., & De Nardi, M. (2020). Consumer Protection Under the HCCH 2019 Judgments Convention. Netherlands International Law Review, 1-13.
Micklitz, H. W. (2019). Squaring the circle? Reconciling consumer law and the circular economy. Journal of European Consumer and Market Law, 8(6).
References are incomplete per APA. URLs/links are missing which hinders verification.
8
| F | F | C | B | A |
| 0 | 1 | 2 | 3 | 4 |
| Did not Submit | No Pass | Competence | Proficiency | Mastery |
| Not Submitted | Used unclear verbiage about the agency(ies) and regulation(s) govern advertising of consumer products such as bottled water. | Adequately identified the agency(ies) and regulation(s) govern advertising of consumer products such as bottled water. | Clearly identified the agency(ies) and regulation(s) govern advertising of consumer products such as bottled water. | Comprehensively identified the agency(ies) and regulation(s) govern advertising of consumer products such as bottled water in a well-created presentation. |
| Not Submitted | Used unclear verbiage about the purpose of consumer protection as it relates to truthful advertising. | Adequately explained the purpose of consumer protection as it relates to truthful advertising. | Clearly explained the purpose of consumer protection as it relates to truthful advertising. | Comprehensively explained the purpose of consumer protection as it relates to truthful advertising in a well-created presentation. |
| Not Submitted | Used unclear verbiage about the consequences for non-compliance with federal and/or state regulations (using the student’s state of residence regulations) around consumer products and services. | Adequately determined the consequences for non-compliance with federal and/or state regulations (using the student’s state of residence regulations) around consumer products and services. | Clearly determined the consequences for non-compliance with federal and/or state regulations (using the student’s state of residence regulations) around consumer products and services. | Comprehensively determined the consequences for non-compliance with federal and/or state regulations (using the student’s state of residence regulations) around consumer products and services in a well-created presentation. |
| Not Submitted | Used unclear verbiage about the recommendations offered that comply with regulations and could still promote the product for the company. | Adequately determined the recommendations offered that comply with regulations and could still promote the product for the company. | Clearly determined the recommendations offered that comply with regulations and could still promote the product for the company. | Comprehensively determined the recommendations offered that comply with regulations and could still promote the product for the company in a well-created presentation. |
| Not Submitted | Failed to use or attribute credible sources in the presentation. | Used and attributed some credible sources in the presentation. | Used and attributed mostly credible sources in the presentation. | Used and attributed all credible sources in a well-created presentation. |
| Not Submitted | Failed to use title slide, six body slides, and reference slide in the presentation. | Used general title slide, six body slides, and reference slide in the presentation. | Used clear title slide, six body slides, and reference slide in the presentation. | Used comprehensive title slide, six body slides, and reference slide in the presentation. |
| Not Submitted | Failed to use speaker notes in the presentation. | Used general speaker notes in the presentation. | Used clear speaker notes in the presentation. | Used comprehensive speaker notes in the presentation. |
Grading Rubric
Ashley,
Please access the attached, graded presentation for more detailed feedback.
This is a good start. Your discussions are comprehensive except for the consequences for violating (for the reasons provided in the slide). In-text citations are missing where noted. And Referencing is incomplete which hinders verification. Otherwise, good job.
9
