Which of the Following Was the Result on Appeal in Lavie

question 53

Multiple Choice

Which of the following was the result on appeal in Lavie v.Procter & Gamble Co.,the case in the text involving the plaintiff who claimed that by advertising that Aleve was gentler on the stomach than aspirin,the defendant implied that Aleve would not cause any stomach upset?

• A) The court upheld dismissal of the complaint recognizing that even if an advertisement targets a disadvantaged or vulnerable group, it is judged by the effect it would have on a reasonable consumer.
• B) The court upheld dismissal of the complaint recognizing that unless an advertisement targets a disadvantaged or vulnerable group, it is judged by the effect it would have on a reasonable consumer.
• C) The court ruled that the plaintiff was entitled to a jury trial because the advertisement was not based on what the lease sophisticated consumer would think as it should have been.
• D) The court ruled that the plaintiff was entitled to a jury trial because, regardless of the standard involved, the defendant should have stated that the drug could cause stomach upset.

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Definitions:

Carl Jung

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