The Ftc's: The Distribution Of False Advertising

The courts ruled that freedom of advertising constitutes a part of freedom of speech. Therefore, commercial speech is entitled to some constitutional protection, and should be regulated more strictly than any other form of expression. The Supreme Court has defined commercial speech as speech directly related to the economic interests of the speaker and its audience, as well as speech which proposes a commercial transaction. Although a state cannot regulate first amendment speech because of the content of the speech. A state may prohibit commercial speech based on its content, because issue advertisements may be economically motivated. As well as relate to matters of public concern. The distribution of false advertising, advertising of

illegal goods, and truthful advertising is controlled by state authorities. Especially, if public interests are jeopardized.
Federal Regulator Agencies
Numerous federal government regulatory agencies are authorized to assist with enforcement of laws governing commercial speech.

These agencies have developed policies and guidelines to control the advertising industry. The Federal trade commission is the agency responsible for regulating the advertising market. Initially, the FTC was created to eliminate unfair competition in commerce. Recently, the FTC’s has focused their attention on consumer protection. The FTC’s duties are primarily performed by the Bureau of Consumer Protection. Which protects consumers against unfair, deceptive, or fraudulent practices in the marketplace. This bureau assists companies with interpreting and complying with the law. Also, the FTC emphasizes the significance of regulating advertising to children, advertising of particular goods like drugs, alcohol, and on-line advertising. The FTC may threaten penalties or demand that unlawful activities are discontinued. Some organization may be required to publish corrective advertising and civil penalties can be imposed. “On March 29 this year, the Federal Trade Commission filed a lawsuit against Volkswagen, which claimed that the car company had deceived customers with the advertising campaign it used to promote its supposedly "Clean Diesel" vehicles, according to a press release. In 2015, it was exposed that VW had been cheating emissions tests on its diesel cars in the US for the past seven years. The FTC alleged that

"Volkswagen deceived consumers by selling or leasing more than 550,000 diesel cars based on false claims that the cars were low-emission, environmentally friendly."( Heilpern)
Another authorized entity that provides regulation is the Federal Communications Commission, which regulates advertising by mass media. The FCC resolves consumer claims about the content and airing timing of advertisements on TV and radio. The FCC also governs political programming rules and rules about junk advertising send via fax machine. The FCC may impose sanctions, which include revoking broadcasting license, imposing a fine, and filing a court action seeking civil or criminal judgement. Also, the FCC deals with obscene, indecent, or profane advertising. Better Business Bureau’s main responsibility is to certify businesses, that meets the organization accreditation standards. This responsibility includes a commitment to make an unbiased effort to resolve any consumer complaints , as well as organizations disputes. Local BBBs resolves thousands of cases each year. The cases are settled by the means of arbitration or mediation . BBB accreditation standards include a standard for trust, code of business practices, and code of advertising. Also, BBB has created partnerships with the American Advertising Federation, the Association of National Advertisers, and the National Advertising Review Council. The mission of this alliance is to foster honesty and accuracy in national advertising through voluntary self-regulation.
It’s necessary to protect citizens from all forms of false advertising.

Regardless if the message is delivered on television or online. Strict regulations should be enforced. Consumers should not have to decide if the message is true. Many messages are simply designed to deceive, which can result in substantial loss for hard working citizens and financial gain for corporation that engage in this practice. The weight loss industry is notorious of puffery. This industry had use unrealistic claims to capture the attention and the dollars of many consumers, without any repercussion. Therefore, federal regulator agencies must continue education and protect citizen of all ages, so that false and inappropriate content does not harm innocent

citizens.