Food advertising and labeling is governed generally

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1. When there is an overlapping jurisdiction of the federal and provincial governments, and an advertiser makes false and misleading statements, the advertiser gets to choose to defend against either the provinces/territories and or the Competition Bureau. Otherwise, it would be a repetitive process.

True

False

2. The Canadian Advertising Standards urges consumers to complain about an offensive Ad but never about competitor disputes. Competitor disputes are dealt with by the Competition Bureau exclusively.

True

False

3. Every claim in a comparative ad, both about your product and your competitors product, must be truthful and not misleading. Hyperbole is never appropriate in comparative contexts. Any attempt at puffery may backfire.

True

False

4. Which of the following claims are subject to the greatest level of scrutiny:

Puffery

Comparative Claims

Consumer Opinion

Preference Claims

Performance claims

5. Which of the following are not permissible under the guidelines for the use of comparative advertising:

Comparisons showing similar products based on similar properties, features, ingredients, benefits or performance, where the ad does not create an unsupportable negative impression of the "compared to" product or service beyond the factual comparison being made.

Selected comparisons of specific features or attributes used to claim or imply overall superiority with subjective support.

Testimonials clearly presented as an individual opinion with reliable and valid research or survey that supports it as a generalized view.

An advertisement that does not create-an unsupportable negative impression of the "compared to" product or service beyond the factual comparison being made.

6. Which one of the following statements is correct regarding Social Media?

Overtime advertisers are able to predict how people will react.

If you're looking for risk free, then social media is the perfect platform.

Advertising on social media sites is subject to the same rules, regulations and policies that apply to other more traditional forms of media.

All advertisers must comply with the social media act legislated in 2019 by the Ad Standards.

7. In a water drinking contest where contestants had "signed a release" the promoters will never be held liable because of a signed contractual release from liabilities with the contestants.

True

False

8. As shown in the Thrilla in Manila (Pepsi ad in Philippines), with iron clad contest rules which protect promoters from a legal standpoint you are always able to prevent massive public relations problems when a game goes wrong.

True

False

9. Coca-Cola shot a commercial using a Harrier Jet with the superimposed punchline saying "Harrier jet 6,500,000 Coca- cola points". If a contestant collected the number of points and submitted it to Coca-Cola it will receive the Harrier jet, under contractual law,l based on the "Just kidding" contest in the book (Advertising and Marketing Law in Canada) because the contestant collected all the points.

True

False

10. Which of the following statements is incorrect?

In Ontario a child is anyone under 13.

Although the BCSC code is technically voluntary, television and radio ads will not be accepted for broadcast unless they comply.

Premium offers can only take up to 50% off the ad.

You can use fantasy characters if they are created for the product.

You cannot encourage or portrays scenes that are inconsistent with society's moral, ethical or legal values.

11. A product of Canada means:

More than 51% of the cost of raw materials and production cost must be incurred in Canada, and the last substantial transformation of the product must have taken place in Canada.

More than 95% of the cost of raw materials and production cost must be incurred in Canada, and the last substantial transformation of the product must have taken place in Canada.

At least 98% of the cost of raw materials and production costs must be incurred in Canada and the last substantial transformation of the product must have taken place in Canada.

At least 51% of the cost of raw materials and production costs must be incurred in Canada and the last substantial transformation of the product must have taken place in Canada.

12. In order to claim that a non-food product is made in Canada:

More than 51% of the cost of the raw materials under production cost must be incurred in Canada and the last substantial transformation of the product must have taken place in Canada.

More than 98% of the cost of the raw materials under production cost must be incurred in Canada and the last substantial transformation of the product must have taken place in Canada.

At least 51% of the cost of the raw materials under production cost must be incurred in Canada and the last substantial transformation of the product must have taken place in Canada.

At least 98% of the cost of the raw materials under production cost must be incurred in Canada and the last substantial transformation of the product must have taken place in Canada.

13. Representatives from health Canada's Food Directorate and the NHPD adjudicate and classify products in food format based on the following four criteria:

Product composition, product representations, product format, product perception and history of use.

Product composition, product representations, product endorsement, product perception and history of use.

Product composition, product representations, product taste, product perception and history of use.

Product composition, product representations, product format, product cost, product perception and history of use.

14. Under the Food and Drug regulations, the following labour requirements are outlined except:

When a product has a proper or common name, the name should appear on the main label off the inner and outer labels.

The name and address of the manufacturer must appear on the inner and outer label. It should be noted that the manufacturer does not necessarily mean the fabricator off the product.

Only the important information on the label must be clearly and prominently displayed, and readily discernible to the purchaser are consumer under the customary conditions of purchasing used unexpressed in plain language.

Regardless of the standard under which a drug has been manufactured, the standard used must appear on the main panel of the outer and inner label of the drug product.

15. The therapeutic claims that can be made about a product, either on the label or in advertising materials are largely dictated by the recommended use included in the product license. All therapeutic claims must be consistent with the terms of the license, and the exact same language has to be used.

True

False

16. Comparison between drug products in terms of comparability or superiority with respect to non-therapeutic attributes can be made under the following conditions except where:

The Compared products have an authorized indication for use in common with advertised product.

The advertised product is primarily represented as a drug as defined in the Canadian Drug Advertising Act.

The information provided may be of some benefit to some or most consumers, example, relevant to product selection.

Any comparison of non-therapeutic characteristics should also include a reference to therapeutic characteristics.

The claim does not obscure information unauthorized indications are intended medicinal uses of the advertised drug product.

17. Which claim is unacceptable:

100% protection from awful sun rays.

Our product not only enhances the look of your tongue, but also protects against the drying effects of the sun.

18. Which claim is acceptable:

Our anti aging formula works miracles to make all wrinkles disappear and make your skin younger.

Our anti aging moisturizer fights the look of wrinkles making your skin look younger.

19. Which claim is unacceptable

Product X cleanser wakes you up every morning.

Product X cleanser, with the energizing in scent of cucumbers, makes your skin look and feel revitalize.

20. Food advertising and labeling is governed generally by three statutory regimes they are as follows:

The Competition Act, the Food and Drugs act, and the Healthy Food for Canadians act.

The Competition Act, the Food and drugs act, and the Safe food for Canadians act.

The Competition Act, the Natural Health Products and drugs act, and the Safe food for Canadians act.

The Competition Act, the Food and Drugs act, and the Great food for Canadians act.

The Competition Act, the Food, Alcohol and drugs act, and the Safe food for Canadians act.

Reference no: EM133293250

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