WEBVTT

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Twelve false advertising scandals that cost some brands millions of dollars.

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It doesn't pay to deceive the public.

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In advertising,

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there's a big difference between pushing the truth and making false claims.

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Many companies have been caught out for peddling mediocre products

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using wild claims like scientifically proven with guaranteed results.

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For companies that cross the line,

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it can cost millions and lead to a damaged reputation.

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Here are 12 examples of false advertising scandals that have rocked big brands.

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Some are still ongoing,

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and not all companies have had to pay up,

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but each dealt with a fair amount of negative publicity.

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Coming in at number 1,

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Activia yogurt said it had special bacterial ingredients.

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Ads for Dan Activia brand yogurt landed the company with a class action

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settlement of $45 million in 2010,

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according to ABC News.

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The yogurts were marketed as being clinically and scientifically proven to

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boost your immune system and able to help to regulate digestion.

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The Activia ad campaign,

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fronted by actress Jamie Lee Curtis,

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claimed that the yogurt had special bacterial ingredients.

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As a result,

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the yogurt was

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sold at 30% higher prices than other similar products.

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However,

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the Cleveland judge overseeing the case said that these claims were unproven.

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The lawsuit against Dannon began in 2008

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when consumer Trish Wiener lodged a complaint.

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On top of the fine of $45 million,

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Dannon was ordered to remove clinically

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and scientifically proven from its labels,

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according to ABC.

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Phrases similar to clinical studies show were deemed permissible.

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Dannon denied any wrongdoing and claimed it settled a

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lawsuit to avoid the cost and distraction of litigation.

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Coming in at 2,

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Red Bull said it could give you wings.

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Energy drink company Red Bull was sued in 2014 for its slogan,

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"Red Bull gives you wiiings."

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The company settled the class action case by

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agreeing to pay out a maximum of $13 million

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including $10 to every U.S. consumer who had bought the drink since 2002.

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The tagline which the company has used

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for nearly two decades went alongside marketing

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claims that the caffeinated drink could improve

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a consumer's concentration and reaction speed.

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Benjamin Careathers was one of several consumers who

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brought the case against the Austrian Drinks Company.

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He said he was a regular consumer of Red Bull for 10 years,

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but that he had not developed wings or shown

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any signs of improved intellectual or physical abilities.

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Red Bull released this statement following the settlement.

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Red Bull settled the lawsuit to avoid the cost and distraction of litigation.

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However,

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Red Bull maintains that its marketing and labeling have always been

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truthful and accurate and denies any and all wrongdoing or liability.

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Coming in at #3,

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Tesco was criticized for an ad in response to

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the horse meat scandal which suggested the problem affected

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the whole food industry.

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In 2013,

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UK supermarket chain Tesco was criticized after it ran a misleading

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ad campaign in the wake of its horse meat scandal,

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according to The Telegraph.

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The supermarket had been caught selling beef contaminated with horse

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meat in some of its burgers and ready meals.

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In an attempt to recover from the PR disaster,

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Tesco ran a two-page spread in national newspapers with the headline,

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What

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burgers have taught us?

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In the ad,

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Tesco was criticized for implying that the whole meat

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industry was implicated in the horse meat fiasco,

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which was untrue.

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The UK advertising regulator ASA banned the campaign.

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Nearly 300 million pounds,

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that's almost $432 million

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was wiped off the value of Tesco following the horse meat scandal,

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according to The Guardian.

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At number 4,

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Kellogg's said Rice Krispies could boost your immune system.

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Kellogg's Popular Rice Krispies cereal had a crisis in 2010 when the

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brand was accused of misleading consumers

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about the product's immunity boosting properties,

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according to CNN.

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The Federal Trade Commission ordered Kellogg to

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halt all advertising that claimed that the

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cereal improved the child's immunity with 25%

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daily value of antioxidants and nutrients,

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vitamins A,

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B,

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C,

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and E,

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stating the claims were dubious.

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The case was settled in 2011.

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Kellogg agreed to pay $2.5 million to affected consumers,

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as well as donating $2.5 million worth of Kellogg products to charity,

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according to Law360.

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And straight in at number 5,

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Kellogg again.

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Later,

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Kellogg said Mini Wheats could make you smarter.

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In 2013,

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Kellogg was in even more trouble.

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The company agreed to pay $4 million for false

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advertising claims it made about frosted Mini Wheats.

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The cereal company had falsely claimed that

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the Mini Wheats improved children's attentiveness,

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memory,

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and other cognitive functions.

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According to Associated Press,

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the ad campaign claimed that the breakfast cereal

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could improve a child's focus by nearly 20%.

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In its defense, Kellogg

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said that the ad campaign ran for 4 years previously and

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that it had since adjusted its claims about the cereal.

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Kellogg also noted that it has a long history of responsible advertising.

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People who consumed the cereal during the time the ad ran,

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which was during January 28,

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2009 to October 1,

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2009,

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were allowed to claim back $5 per box with a maximum of $15 per customer,

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according to Associated Press.

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Coming in at number 6,

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New Balance said its shoe could help wearers burn calories.

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New Balance was accused of false advertising in 2011 over a

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sneaker range that it claimed could help wearers burn calories,

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according to Reuters.

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Studies found that there were no health benefits from wearing the shoe.

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The toning sneaker claimed to use hidden brand technology and

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was advertised as calorie burners that activated the glutes,

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quads,

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hamstrings,

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and calves.

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Plaintiffs in the lawsuit claimed to have been

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harmed and misled by the sneaker company.

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On August 20,

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2012,

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New Balance agreed to pay a settlement of $2.3 million

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according to the Huffington Post.

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Coming in at number 7,

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Walmart falsely advertised the price of coke in New York.

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Walmart agreed to pay more than $66,000 in fines after

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overcharging customers from 117 stores in New York for Coca-Cola.

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The supermarket chain had advertised a nationwide sale on the soft drink of 2014,

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where 12 packs would cost just $3.

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However,

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customers in New York State were charged $3.50.

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Walmart staff allegedly lied about the reason for the price hike,

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telling customers that New York has a sugar tax,

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according to corporate crime reporter.

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New York Attorney General Eric Schneiderman,

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who conducted the investigation,

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concluded the price

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violated New York State's general business law

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349 and 350.

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Coming in at number 8,

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Definity Eye Cream retouched the model in an anti-aging ad.

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In 2009,

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an Olay ad for its Difinity Eye cream showed former model Twiggy

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looking wrinkle-free and a whole lot younger than her then 60 years.

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It turned out that the ads were retouched according to the Guardian.

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The British advertising regulator ASA

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banned the ad after Liberal Democrat lawmaker Jo

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Swinson gathered more than 700 complaints against it.

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The digitally altered spots were deemed to give a

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misleading impression of the effect the product could achieve.

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Ola's parent company,

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Procter and Gamble,

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responded that it was routine practice to

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use post-production techniques to correct poor lighting and

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other minor photographic deficiencies before publishing the final

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shots as part of an advertising campaign.

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Coming in at number 9,

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Splenda said it was made from sugar.

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The Sugar Association asked for an investigation into

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alternative sweetness blenders made from sugar slogan.

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It complained that the tagline was misleading and that the sweetener is

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nothing more than highly processed chemical compound made in a factory,

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CBS reported.

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In 2007,

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a resulting lawsuit led by the makers

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of rival sweetener Equal settled against Splenda.

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Equal was looking for

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$200 million from Splenda in the settlement for unfair profits.

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However,

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the exact amount of the settlement remains confidential according to NBC.

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Coming in at number 10,

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L'Oreal claimed its skincare products were clinically proven to boost genes.

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In 2014,

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cosmetics company L'Oreal was forced to admit

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that it's Lancôme Génifique and L'Oreal Paris

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Youth Code skin care products were not clinically proven to boost genes and

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give visibly younger skin in just 7 days as stated in its advertising.

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According to the FTC,

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the claims were false and unsubstantiated.

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In the settlement,

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L'Oreal USA was banned from making claims about anti-aging

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without competent and reliable scientific evidence substantiating such claims,

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the FTC said.

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"Though L'Oreal escaped the fine at the time,

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each future violation of this agreement will cost the company up to $16,000.

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Coming in at number 11.

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Eclipse said its gum could kill germs.

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Eclipse gum claimed in its ads that its new ingredient,

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magnolia bark extract,

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had germ killing properties.

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A lawsuit brought by consumers alleged that the ads were misleading,

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according to Businessweek.

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Wrigley denied wrongdoing, but was ordered to pay more than $6 million to a fund

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that would reimburse consumers up to $10 each for the misleading products in 2010.

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Coming in at number 12,

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a lawsuit alleged that Taco Bell was falsely advertising its beef.

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In 2011,

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consumers raised questions about what constituted Taco Bell's seasoned beef.

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According to the lawsuit reported in adage,

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the seasoning used was oat filler,

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which means the meat isn't seasoned beef at all,

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according to USDA standards.

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The suit alleged that the franchise had been tricking its consumers into

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thinking its products were of higher grade than they actually were.

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Taco Bell took the opportunity to poke fun at itself,

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hoping to mitigate the PR disaster.

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The company even took a four-page newspaper

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ad out thanking complainants for suing.

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Taco Bell was vindicated and the lawsuit was withdrawn in April 2011,

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according to Associated Press.

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And finally,

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it isn't a piece of advertising,

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it's actually two books that I highly recommend.

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Now Salt Sugar Fat and Fast Food Nations are

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two pieces of investigative reporting on the food industry,

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and it covers everything from how they make their food to how they advertise to us,

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to how they try and cover up

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the downside of their foods such as obesity,

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diabetes,

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their PR,

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the way they try and

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manipulate and lobby.

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All of that is just

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covered in these books and it's quite shocking,

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it's quite sad,

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but it's a reality that we need to face. And once we know about it,

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then we're less likely to wanna

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give our money away to these companies,

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because at the end of the day it's a return on investment that's negative.

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So, for example,

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if I buy,

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let's say a Big Mac.

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It might taste good on the spot,

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but then half an hour later I'm not gonna feel too good.

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It's gonna be high in saturated fats,

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high in sugar,

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high in salt,

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it's gonna mess my body up,

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and then I'm gonna feel bloated,

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lethargic.

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Sometimes

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you can actually have a headache after eating these foods,

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and so the return on investment is negative.

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And also the fact that they hire

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scientists

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and food engineers

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to make these products extra palatable

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is

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quite bizarre.

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So, if you think about Pringles,

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you know,

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the crunch,

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the flavor,

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the smell,

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everything about the product 

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has been designed.

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And it's designed to make us

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extremely addicted to these products.

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And also they covered the marketing in these books.

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Now the marketing that these food companies use,

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I mean,

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you've seen in the examples that I showed you before,

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the marketing is just frightening because they

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know exactly at what hours to market,

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they know exactly how to market,

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and they know exactly what to show us to make us motivated to go out and buy them.

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And if we haven't got money to buy them,

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for example,

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let's say I'm a child,

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I'm a 7-year-old,

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they know exactly how to make that 7-year-old nag

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his parents until they give in and buy him the product

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or her.

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And then what happens to that child is that as the child grows up,

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that brand gets imprinted and embedded in the child's brain,

00:12:25.450 --> 00:12:28.000
so when the child becomes a teenager and then an adult,

00:12:28.330 --> 00:12:29.919
he's a buyer for life

00:12:30.510 --> 00:12:34.280
because that brand is the number one brand that's embedded in the child's brain.

00:12:34.690 --> 00:12:36.309
And then that child becomes an adult,

00:12:36.320 --> 00:12:37.010
and then

00:12:37.260 --> 00:12:38.979
he will always seek out that product.

00:12:39.059 --> 00:12:40.049
Just think about it.

00:12:40.659 --> 00:12:42.690
Maybe you've been to the store and you wanted

00:12:42.820 --> 00:12:44.020
a specific product,

00:12:44.140 --> 00:12:45.130
a specific brand,

00:12:45.219 --> 00:12:46.250
that's what you had in mind,

00:12:46.260 --> 00:12:48.489
and the store didn't have that specific brand.

00:12:48.859 --> 00:12:51.479
And then you were kind of hesitant to maybe buy something else,

00:12:51.539 --> 00:12:53.010
even though it was the same

00:12:53.500 --> 00:12:53.950
product.

00:12:54.140 --> 00:12:56.669
It was just the branding that was more powerful.

00:12:57.140 --> 00:12:58.289
Now why is that?

00:12:58.739 --> 00:13:01.539
And the reason is because they got us when we were young.

00:13:02.130 --> 00:13:03.059
So, these two books,

00:13:03.070 --> 00:13:03.929
incredible,

00:13:04.299 --> 00:13:05.549
really insightful,

00:13:06.099 --> 00:13:06.729
quite

00:13:06.979 --> 00:13:07.820
alarming,

00:13:08.020 --> 00:13:08.780
but it's

00:13:08.820 --> 00:13:13.049
good to have this source of knowledge because then we can make wiser decisions.

00:13:13.419 --> 00:13:15.700
And just like the previous examples,

00:13:15.780 --> 00:13:17.049
the 11 that I showed you,

00:13:18.250 --> 00:13:19.419
they're really insightful.

00:13:19.890 --> 00:13:20.989
And so,

00:13:21.270 --> 00:13:22.750
hopefully this kind of,

00:13:23.869 --> 00:13:25.140
it's a game changer for you.

00:13:25.179 --> 00:13:26.650
It was a game changer for me.

00:13:26.940 --> 00:13:29.500
It has made my decisions a little bit

00:13:29.820 --> 00:13:31.450
more wise,

00:13:31.859 --> 00:13:33.950
and it's really important because

00:13:34.140 --> 00:13:35.169
at the end of the day,

00:13:35.539 --> 00:13:38.900
we don't have infinite sources of money and when we spend it we

00:13:38.900 --> 00:13:40.989
want to spend it right and we want to invest it right.

00:13:41.559 --> 00:13:42.669
And preferably

00:13:42.820 --> 00:13:43.590
what we invest

00:13:43.900 --> 00:13:45.330
the money in will be

00:13:45.619 --> 00:13:47.250
good for us and for our health.

00:13:47.380 --> 00:13:49.090
So, hopefully this video was helpful,

00:13:49.340 --> 00:13:50.250
insightful.

00:13:50.299 --> 00:13:50.900
And if it was,

00:13:51.020 --> 00:13:51.900
don't forget to like,

00:13:52.020 --> 00:13:54.739
comment, and subscribe and I'll see you in the next video. (MUSIC)