The Tangled Web They Weave : Truth, Falsity, and Advertisers Book

	Acknowledgments
	Introduction: The Falsity in Our Lives	3
Pt. 1	How Advertising is Regulated	7
1	The Elements of Deceptiveness Law	9
2	How Many Consumers Must Be Deceived?	12
3	The Sears Dishwasher Case	16
4	Finding the Facts of Deceptiveness	18
5	Looking Horses in Their Mouths, and Consumers in Their Heads	20
6	The Aspercreme (Thompson Medical) Case	22
Pt. 2	Deceptive Implications	29
7	Identifying Implications	31
8	The Volvo Case	33
9	The Role of Implications in Deceptiveness	36
10	How Implications Work	39
11	The Many Types of Implications	42
12	The Kraft Cheese Case	47
Pt. 3	Branding and the Claims it Gives Us	53
13	The Reason for Deceptive Claims: Branding	55
14	How Branding Breeds Falsity: The Slippery Slope	58
15	Selected Facts: Starting Down the Slope	60
16	The Kroger Price Survey Case	64
17	Minimal Facts: The Second Step	67
18	Creating Minimal Facts	71
19	The Infomercial Cases	74
Pt. 4	The Bottom of the Slope: Nonfact Claims	77
20	Nonfacts: The Third Step	79
21	Identifying Nonfacts	82
22	How Advertisers Use Nonbrand Facts	84
23	Nonfacts and Consumers' Perceptions of Truth and Significance	88
24	The Dark Side of Nonfacts	91
25	The Headache Remedy Cases: Anacin, Tylenol, Bayer, and Others	94
Pt. 5	The Old and New Views of Consumer Trusting	101
26	Puffery: Opinion Claims to Be Distrusted	103
27	We Need to Trust Sellers, and We Do	105
28	Making Up Our Own Minds, and Trusting Too	109
29	Trusting and Distrusting All Over the Slope	113
30	What the Law Doesn't See, and the Problems That Result	117
31	The Sunoco Gasoline Case	120
Pt. 6	The Advertisers' View of the Problems	125
32	The Advertisers Don't See the Problems	127
33	How They Try to Escape	131
34	Advertisers' First Amendment Rights	135
35	Advertisers' First Amendment Hopes for Eliminating Deceptiveness	138
36	The Triumph Cigarette Cases	141
Pt. 7	An Alternative View That Advertisers Could Take	147
37	The Advertisers' Principal Motivation: Avoiding Competition	149
38	Do Advertisers Need the Slippery Slope Claims?	153
39	The R. J. Reynolds Cigarette Case	157
40	The Problem of B÷÷÷÷÷÷÷	160
41	A More Realistic Orientation to the First Amendment	165
42	Looking Back at the Cases	168
Pt. 8	The View That Regulators Could Take	173
43	The Need for a Legal Solution	175
44	The Basis for a Legal Solution in Existing Law	179
45	An Elaboration on the Matter of Adverse Interest	183
46	Proposals for Regulation	185
47	Proving Reliance or Nonreliance	188
48	What the Reliance Rule Would Allow and Disallow	191
49	Smart and Dumb Consumers and the Reliance Rule	195
Pt. 9	The View That Consumers Could Take	199
50	The Prospects of Consumers Helping Themselves	201
51	What Consumers Can Do	204
52	A Final Perspective	207
	References	213
	Index	221