Fact Pattern 19-2 Jayme's Best Produced a New Line of Pasta Sauce (Herbal

question 121

Multiple Choice

Fact Pattern 19-2
Jayme's Best produced a new line of pasta sauce (Herbal Health) , intending for it to have extra nutritional benefits. Using the freshest ingredients, Jayme's added special herbs to the tomato paste and spices, as the herbs are believed by some Tibetan monks to have the power to prevent cancer. Jayme's marketed the sauce in grocery stores and health food stores. Jayme's advertisements said that Herbal Health may help prevent cancer and taste a lot better than the competition. Based on these facts, answer the following questions.
-Refer to Fact Pattern 19-2. Jayme's ads, when attacked as deceptive by the FTC, must be shown to do all of the following except:

• A) be a misrepresentation of information to consumers.
• B) cause health injury to consumers.
• C) mislead a reasonable consumer.
• D) the deception must be material.
• E) all of the other choices must be shown to be held to be deceptive.

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