Document Type
Article
Abstract
This Article argues that while current regulation and enforcement may protect adults effectively, it fails to appropriately weigh the cognitive abilities of children. If the true mental perspectives of children are taken into account and incorporated into the FTC’s definitions of unfair and deceptive, various advertising tactics that are still used regularly in children’s advertising are potentially deceptive, misleading, or unfair to children in certain contexts. This Article argues that the use of imaginary cartoon characters, fantasy worlds, celebrity endorsements, special effects, extraneous footage and props, disclaimers that children do not understand, and the use of puffery—exaggerated, boastful statements that represent an advertiser’s opinion of a product—are just some of the advertising tactics used that may be deceptive and unfair to children in certain contexts.
Such advertising tactics can potentially false expectations about the quality and nature of products to children, or can threaten their health and well-being. This Article discusses why increased regulation and enforcement of particular advertising tactics are needed where advertising primarily targets children—where the audience is composed primarily of children or where the product is primarily targeted towards children. In the past, regulatory proposals have considered banning all advertising to young children or to children for particular product categories.
Recommended Citation
Keith A. Gorgos,
Straightforward Information Sold Separately: Why Current Regulation Fails to Adequately Protect Children from Deceptive and Unfair Advertising,
14 J. Tech. L. & Pol'y
(2009).
Available at: https://scholarship.law.ufl.edu/jtlp/vol14/iss2/1