An Advertisement by the Manufacturer of Flonase,a Prescription Allergy Nasal

question 57

Multiple Choice

An advertisement by the manufacturer of Flonase,a prescription allergy nasal spray,compared its product with another nasal spray on the market,Nasonex,and claimed that it controlled allergy symptoms for a longer period.The ad was effective,resulting in a two percent increase in market share for Flonase.Manufacturers of Nasonex claimed that the advertisement misrepresented their product and basically made a false comparison.Nasonex would have to prove all of the following EXCEPT which one to support its claim?

• A)False statements had been made about Nasonex or Flonase.
• B)The ads actually deceived a substantial segment of the audience.
• C)Both Nasonex and Flonase are sold in interstate commerce.
• D)Nasonex has been injured or is likely to be injured as a result of the false statements.
• E)Flonase relied on puffery in the ads.

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Definitions:

Homeostasis

The process through which living organisms naturally regulate themselves to keep stable while adapting to the best conditions for their survival.

Senescence

The biological process of aging, characterized by a gradual decline in the functional capacity of an organism's cells, tissues, and organs.

Diathesis

An inclination or susceptibility toward the development of mental health conditions, shaped by genetic, biological, or external influences.

Homeostatic Adjustment

The process by which living organisms regulate their internal environment to maintain stable, life-sustaining conditions.