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Acme Corp Asserted in a Magazine Advertisement That Its Electric-Powered Bunion

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Acme Corp. asserted in a magazine advertisement that its electric-powered bunion sander will remove bunions from users' feet twice as fast as any other bunion sander on the market today. As part of an investigation into whether this advertising claim was deceptive, the Federal Trade Commission (FTC) issued a subpoena demanding that Acme produce all of its records regarding tests it has performed to substantiate the performance claim for the bunion sander. The subpoena also demanded production of all records of tests to substantiate any performance claims made by Acme during the past four years regarding each of the 32 other products manufactured by Acme. Four of these other products were electric-powered products in the personal care category. The remaining products were either lawn care products or nonelectric tools. The strongest argument that Acme may make concerning the subpoena is that the subpeona:

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