5. Customer Advocate, a national magazine, tested three leading brands of bacon in order to find out which was lowest in nitrates and other suspected carcinogens. It published the results, stating that the bacon “lowest in nitrates” was BestBacon. The report went on to state that the differences between the brands was small and that no single brand was so superior to the others as to justify its selection as less harmful. BestBacon ran an advertisement stating: “BestBacon Found Lowest in Nitrates. See Impartial Test by Customer Advocate, December issue. ” Pork o’ Plenty, BestBacon’s largest competitor, sued, arguing that the advertisement was deceptive. Who is correct and why?

6. A very large and elaborate discount shopping mall has just opened in southeast Michigan. The Mall has been running extensive advertising, labeling this as an “eye-popping, jaw-dropping, heart-stopping” shopping experience. The ads also refer to “a food court the size of Utah. ” In fact, the Mall has put up billboards that contain no copy other than the phrase “a food court the size of Utah. ” If another local mall were to file suit, alleging that the advertising is deceptive because the food court most definitely is not the size of the state of Utah, how would a court rule and why?

7. Diamond Joe is a famous Australian zookeeper with a penchant for handling dangerous reptiles. In fact, his reputation is so widespread that he was recently chosen to do a celebrity endorsement for an American domestic specialty shipping company. In the ad, Diamond Joe talks about how in his line of work, timing is everything, and that’s why he uses and prefers Hasty Ship for all his domestic U. S. shipping of reptiles. In fact, however, Diamond Joe is not permitted within the United States because of his complicity in a live reptile smuggling operation some years ago, so he has never used Hasty Ship. Is it lawful for Hasty Ship to run this advertisement?