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TWELVE FALSE ADVERTISEMENTS

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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)
Title:
TWELVE FALSE ADVERTISEMENTS
Description:

more » « less
Video Language:
English
Team:
BYU Continuing Education
Project:
BLAW-041(BYUO)
Duration:
14:06

English subtitles

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