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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,
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so when the child becomes a teenager and then an adult,
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he's a buyer for life
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because that brand is the number one brand that's embedded in the child's brain.
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And then that child becomes an adult,
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and then
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he will always seek out that product.
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Just think about it.
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Maybe you've been to the store and you wanted
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a specific product,
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a specific brand,
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that's what you had in mind,
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and the store didn't have that specific brand.
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And then you were kind of hesitant to maybe buy something else,
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even though it was the same
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product.
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It was just the branding that was more powerful.
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Now why is that?
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And the reason is because they got us when we were young.
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So, these two books,
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incredible,
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really insightful,
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quite
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alarming,
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but it's
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good to have this source of knowledge because then we can make wiser decisions.
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And just like the previous examples,
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the 11 that I showed you,
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they're really insightful.
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And so,
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hopefully this kind of,
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it's a game changer for you.
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It was a game changer for me.
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It has made my decisions a little bit
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more wise,
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and it's really important because
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at the end of the day,
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we don't have infinite sources of money and when we spend it we
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want to spend it right and we want to invest it right.
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And preferably
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what we invest
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the money in will be
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good for us and for our health.
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So, hopefully this video was helpful,
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insightful.
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And if it was,
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don't forget to like,
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comment, and subscribe and I'll see you in the next video. (MUSIC)