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  Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association
 
 

May 2012     MCLE Test and Answer Sheet

Test No. 214: Rules of Endorsement

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $20 testing fee ($25 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
  Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*  

1. The Guides Concerning the Use of Endorsements and Testimonials in Advertising were first finalized by the FTC in 1972.
 True.
 False.

The guides are binding law.
 True.
 False.

3. Celebrities may be directly liable for statements they make in advertising.
 True.
 False.

4. Celebrities may be directly liable for their statements made in advertising, even if they are simply reading from a script.
 True.
 False.

5. Celebrities are not required to research or make inquiries regarding claims they make in advertising.
 True.
 False.

6. The guides were revised by the FTC in 2009, in part to address the rising use of social media.
 True.
 False.

7. Celebrities never have an obligation to use the products they endorse.
 True.
 False.

8. The FTC's enforcement activities focus on advertisers, not endorsers.
 True.
 False.

9. Beginning in 2009, the FTC increased its enforcement activity against celebrities, particularly in the area of social media.
 True.
 False.

10. It is the advertiser's responsibility to advise a celebrity in advance about the need to disclose their material relationship in the course of an interview or on social media.
 True.
 False.

11. Pat Boone was acquitted for statements he made endorsing the Acne-Statin product because the FTC could not prove he was a direct participant under the principles of endorser liability.
 True.
 False.

12. The 2009 guides clarify that all well-known persons in advertising are liable for statements made during the course of advertisements.
 True.
 False.

13. Whether a celebrity is an endorser or merely a paid actor depends upon the compensation and indemnification provisions in the celebrity's contract with the advertiser.
 True.
 False.

14. The Ninth Circuit held that Steve Garvey was not liable for statements he made as a paid endorser for the product Enforma, in part because the FTC failed to prove that Garvey lacked substantiation for his claims.
 True.
 False.

15. The rapper 50 Cent and the actor Ashton Kutcher were charged by the SEC and FTC for allegedly failing to disclose material connections to advertisers in statements they made via Twitter.
 True.
 False.

16. The FTC's recent enforcement action against Dannon for allegedly exaggerating the health benefits of its products, also named its spokesperson, Jamie Lee Curtis, as a defendant for her on-camera statements.
 True.
 False.

17. Celebrity endorsers may be liable for what they do not say.
 True.
 False.

18. An NFL football player participating in an interview is not required to disclose to the audience that he is being paid to wear the clothes of an athletic wear company.
 True.
 False.

19. Once an endorsement is secured, the advertiser should consider periodically checking that the opinions of the celebrity about the product remain the same.
 True.
 False.

20. An actor performing a voice-over in a commercial is always required to disclose that he or she is an endorser of the product.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
   
 

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