But marketing is speech, and however laudable their goal of ensuring patients' safety, marketing regulations may offend the First Amendment, which protects nondeceptive
(94) On the other hand, covert trading on secret information by insiders can be characterized as deceptive, so it might be differentiated from the nondeceptive
breach of fiduciary duty in Santa Fe Industries.
, and scientifically-based information and
In response to such examples of nondeceptive
lying, it has been suggested that lying is simply asserting something that you believe to be false (where asserting something involves a normative component that goes beyond merely saying something).
Four decades ago, "consumerism" became a broadly accepted term for the political and social movements seeking to protect consumers by requiring businesses to provide nondeceptive
advertising, product guarantees, honest packaging and improved safety standards.
This name is also legally uncomplicated and nondeceptive
, per US federal labeling laws, even though the true name would be hydrolyzed high-fructose inulin syrup.
As Justice Breyer presented the facts in his minority opinion, the California Dental Association had adopted "innocent-sounding" ethical rules aimed at false and misleading price and quality advertising by dentists, but the evidence at trial showed that the rule "as implemented actually restrained the truthful and nondeceptive
advertising of low prices, across-the-board discounts, and quality service," "'precluded advertising that characterized a dentist's fees as being low, reasonable, or affordable, ...
subsequently, the Court eliminated any "vice" advertising distinction and now requires equal treatment of all truthful, nondeceptive
advertising for lawful products and services; see, for example, Robert Rubin, Secretary of the Treasury v.
But the court also said that the Act does not make nondeceptive
or nonfraudulent statements or omissions actionable.
We will refer to these three aspects of trustworthiness as nondeceptive
practices, nonexploitive practices, and disclosure practices.
Since the pattern of results does not differ between the original physical subscale and the revised physical subscale, we can conclude that the differences in the deception ratings for men and women were not due to gender specific nondeceptive
behaviors practiced by women.
The statistics show that less than 10 percent of all unsolicited messages complied with that law, which requires each message to have a functioning return address, a postal address, a way for recipients to unsubscribe to future solicitations, a nondeceptive
subject line, and a clear indication that the message is an advertisement or solicitation.