Love Spell is a company that manufactures and sells high-end perfume and cologne. The company runs print advertisements in magazines and newspapers. The perfume and cologne don’t smell very good because they are manufactured using foul materials such as old gym socks and cow manure. People still buy Love Spell though because the advertisements claim that if you gift the perfume to the person you love, they will fall in love the very first time they use the perfume or cologne, guaranteed!

Andrew Anderson sees an ad for Love Spell in GQ magazine and is excited. He has been in love with Anita Arden since he first laid eyes on her. Andrew has been asking Anita out forever but she won’t go out with him and wants to be ‘just friends’ even though she doesn’t have a boyfriend or girlfriend.

Andrew saves up his money and when he finally has enough, he heads to Nordstrom to buy the perfume. The smell is horrible, but he is determined to make Anita fall in love with him, so he buys it anyways.

The next day, at Anita’s birthday party, Andrew presents Anita with her gift. She tears the packaging open and is so excited she immediately sprays the perfume all over herself.

To Andrew’s horror, Anita spends the rest of her party hanging out with Alex Ambrose.  The next day, Anita calls Andrew to tell him that she and Alex are in love and plan to get married next month.

Horrified, Andrew calls the Love Spell company to demand an explanation for why Anita didn’t fall in love with him after using the perfume. The telephone operator tells him, “Sorry, but the ad only guarantees that the person you give it to will fall in love-it doesn’t say with whom they will fall in love.”

Andrew feels that the advertisement was misleading and deceptive.

Questions to Consider/Discuss:
-What were the express claims made in the advertisement?
-What were the implied claims?
-Did Love Spell deliver on their claims?
-Where the claims material? Would Andrew have bought the perfume even if the claims hadn’t been made?

Answer rating: 100% (QA)

In the scenario described there are several questions to consider and discuss regarding the claims made by Love Spell in their advertisement and the a... View the full answer