DOCSLIB.ORG

Ethics in Advertising and Marketing in the Dominican Republic: Interrogating Universal Principles of Truth, Human Dignity, and Corporate Social Responsibility

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Ethics in Advertising and Marketing in the Dominican Republic: Interrogating Universal Principles of Truth, Human Dignity, and Corporate Social Responsibility ETHICS IN ADVERTISING AND MARKETING IN THE DOMINICAN REPUBLIC: INTERROGATING UNIVERSAL PRINCIPLES OF TRUTH, HUMAN DIGNITY, AND CORPORATE SOCIAL RESPONSIBILITY BY SALVADOR RAYMUNDO VICTOR DISSERTATION Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Communications in the Graduate College of the University of Illinois at Urbana-Champaign, 2012 Urbana, Illinois Doctoral Committee: Associate Professor William E. Berry, Chair and Director of Research Professor Clifford G. Christians Professor Norman K. Denzin Professor John C. Nerone ABSTRACT This research project has explored and critically examined the intersections between the use of concepts, principles and codes of ethics by advertising practitioners and marketing executives and the standards of practice for mass mediated and integrated marketing communications in the Dominican Republic. A qualitative inquiry approach was considered appropriate for answering the investigation queries. The extensive literature review of the historical media and advertising developments in the country, in conjunction with universal ethics theory, facilitated the structuring of the research questions which addressed the factors affecting the forces that shaped the advertising discourse; the predominant philosophy and moral standard ruling the advertising industry; the ethical guidelines followed by the practitioners; and the compliance with the universal principles of truth, human dignity and social responsibility. A multi- methods research strategy was utilized. In this qualitative inquiry, data were gathered and triangulated using participant observation and in-depth, semi- structured interviews, supplemented by the review of documents and archival records. Twenty industry leaders were interviewed individually in two cities of the country, Santo Domingo and Santiago. These sites account for 98% of the nation-states’ advertising industry. The interview process lasted six months. The data reduction and interpretation of the transcripts was reviewed and examined three times to guarantee accuracy. The analysis of document and archival records followed the same procedure as that of the interviews. The results are presented in terms of the most important findings, grouped in 6 major themes: 1) The advertising industry in the Dominican Republic has a rich and influential history; 2) Dominican advertising practitioners are skeptical about the value of academic ii literature concerning the field; 3) Although there is some government regulation, for the most part the advertising industry in the Dominican Republic practices self-regulations; 4) Advertising and marketing professionals in the Dominican Republic receive little formal education and training regarding ethics and how to apply it in their field and rely more on workplace rules and practices as well as formal and informal networks; 5) There is a widespread adherence to universal ethical values such as truth, human dignity and social responsibility among advertising practitioners in the Dominican Republic; and 6) The advertising industry in the Dominican Republic faces a precipitous future because of consolidation, digitalization, globalization, and a new generation of consumers who take an “anything goes” approach concerning what one may or may not write, express or post about an institution, organization, product or individual. The most relevant aspects of the findings are then discussed in the final chapter and some perspectives for future venues of research are analyzed. iii This dissertation is dedicated to my Dad (in memoriam) and to my family members Asunción, Salvador, and Lavi. I value your patience and hope the endeavor was worth it. iv ACKNOWLEDGMENTS I would like to express my thanks to individuals who have challenged, encouraged, helped, and supported me to complete this project. These persons are professors, family members, and friends. They have directly or indirectly aided me in carrying out this study. I am honestly appreciative of my dissertation committee, a group of talented and supportive professors whose confidence, encouragement and inspiration made the task of completing this dissertation an enjoyable process. Dr. William (Bill) Berry, my dissertation chair, advisor, and mentor, was the one who brought to my attention the idea of entering the doctoral program. Also, he was essential in helping me navigate the scholastic terrain, suggesting ideas for conferences and papers, and securing financial support for my learning experience. Moreover, his commitment, direction and motivation were essential to complete this dissertation. I am indebted to him for the rest of my academic and professional careers for his assistance to my education and personal growth. Also, I want to thank Dr. Cliff Christians, an exceptional person and professor. His outstanding wisdom and philosophy along with his devotion to scholarly work inspired me to use his ethics theories to further expand them to new grounds. Dr. Christian’s intellectual contributions inside and outside the classroom helped provide a theoretical framework for this study. In addition, he lectured me about the essentials of a dissertation and reassured my understandings about research. The underpinning of my identifying with qualitative inquiry for this project was the outcome of studying under the guidance of Dr. Norman Denzin. His energy, v enthusiasm, and enticing passion for a large breath of methodologies in conducting qualitative research was decisive in helping me understand that there are many more ways of looking at “data”. He was influential for the decision of conducting interviews in this exploratory study. Dr. John Nerone, the Director of Graduate Studies, was my point of entry to the academic world. His significant lectures in communication studies, history and historiography were the tip of the iceberg for my introduction to the rigor and standards in producing quality research and following a line of investigation. He is a bright intellectual who contributed comprehensively not only to the overall success of my scholarly development, but also to my personal progress in Champaign-Urbana. Other professors who have provided invaluable guidance include Dr. Jan Slater, Dr. Michelle Nelson, Dr. Chris Benson, Dr. Menah Pratt-Clarke, Dr. Charles Roseman, and several others at the University of Illinois. Their personal concerns and individual advice at different stages of my doctoral studies will always be remembered. I am deeply grateful to my family for their support and encouragement and would like to express my heartfelt appreciation to my departed father, who always kept wondering when I was going to finish and return home, but didn’t live long enough to see the completion of my study. Further, I want to express my gratitude to my mom, my son, and my spouse for their measureless endurance. Additionally, I must mention the support received from my siblings. My warmest expression of appreciation extends to my sisters Susy, Gina and (posthumously) Jacqueline, to my brother Frank, and to their families for their emotional support is necessary. Also, I feel the need to acknowledge my uncle Alfredo and my cousin Sunny. Our phone interactions served as a continued source of vi motivation. Their spirit, sense of humor, and constantly positive wishes kept me going. I must express my thankfulness to Sergio Forcadell, the undisputed Godfather of advertising in the Dominican Republic, whose dream of completing a PhD has now become a reality via me. His dedication to helping me with my field research was beyond expectations. Thanks a million and I look forward to working with you in writing the untold history of Dominican advertising. A large group of friends and colleagues have also contributed to the happy conclusion of this venture. They have enriched my personal and professional growth with the moments we have shared and experienced at the “University of Life”. Although it is a long list, each one deserves a token of my appreciation. In the United States, there are two sets of individuals that have played a role in providing support, from both close and distant range. Christian Alcántara, Alberto Coronado, Michelle Cruz-Santiago, Atilio de Frias, Jose de Leon, Wen Cheng Fu, Owen Kulemeka, Geremias Polanco, Feniosky and Minoska Peña-Mora, Milagros Martinez, Jean McDonald, Tracy Runk, Zully Rivera, Ida Salusky, Roberto Santiago, and Marcos Tavarez have contributed a pleasantly familiar ambience to my days in Champaign-Urbana. Luis and Michelle Atiles, Mario Camilo, Lucia Kim, Ron Martin, Lil Mejia, Oneida Mejia, and Raymond Ventura, have been of extremely valuable assistance in different seasons and settings in Chicago, Dallas and New York. In the Dominican Republic, Inmaculada Adames, Vinicio Almonte, Abel Cruz, Alejandro Esteban, Tony Garcia, Fonso Khouri, Harold Priego, Elisa Mariot, Ezequiel Molina, Aura Núñez, Angye Rincon, Adalgida Rodriguez, Adalberto (Tony) Rodriguez, and Iluminada Severino were all instrumental in keeping vii me on my toes and connected to my Dominican roots. Thank you all. Your energy was unbelievable. My cohort members have been extremely helpful for enhancing my horizons. My gratitude goes to Tabe Bergman, Katia Curbelo, Richard Doherty, Koeli Goel, Stephen Hocker, Jungmin Kwon, Mel Stanfil, and Jungmo Youn for sharing your perspectives and helping me to comprehend better the intricacies and the beauty of research. Also, I want to acknowledge some other ICR fellows including John Anderson, Sayuri
Load more

Recommended publications
  • Edrington-Annual-Report-2013.Pdf
    New Frontiers Annual Report & Financial Statements for the year ended 31 March 2013 Annual Report and Financial Statements 2013 Financial Performance Contents Review Reports Financial Statements Group turnover Profit before tax* Shareholders’ earnings* Dividend per share 01 Financial Performance 20 Chairman’s Statement 42 Group Profit and Loss Account 03 New Frontiers 22 Chief Executive’s Review 43 Balance Sheets 13 £591.3m 13 £168.6m 13 £77.6m 13 34.0p 24 Financial Review 44 Group Cash Flow Statement 04 Innovation and Enterprise 26 Corporate Governance Statement 45 Other Statements 08 Emerging Markets 30 Corporate Social Responsibility Report 46 Accounting Policies 12 £556.1m 12 £148.8m 12 £70.5m 12 30.0p 12 Attracting Consumers 34 The Robertson Trust 49 Notes to the Financial Statements 16 Our Ambassadors 36 Directors and Advisers Edrington Locations 38 Directors’ Report 11 £553.4m 11 £141.5m 11 £65.0m 11 27.0p 40 Independent Auditors’ Report 10 £468.3m 10 £118.6m 10 £54.1m 10 23.2p WW6.3% 13.3% W10.1% W13.3% Increase in Group turnover Increase in profit before tax Increase in shareholders’ earnings Increase in dividends per share In the context of the Annual Report, the ‘Company’ refers collectively to The Edrington Group Limited, *excluding exceptional items *excluding exceptional items and its subsidiary and joint venture undertakings. Differentiation is made between Company and consolidated Group results in the financial statements and the related independent auditor’s report from page 40 onwards. 01 New Frontiers 2013 New Frontiers 2013 02 New Frontiers Edrington’s optimism about the Innovation and Enterprise future has driven an enterprising It lies at the heart of our business, from packaging technology, brand expressions spirit within the Company.
    [Show full text]
  • Rhum Cocktail
    RHUM COCKTAIL Delicate Fortifying ZEMIVARDIER THE RHUM JULEP Mount Gay XO, campari, Barbancourt 8, peach liqueur, sugar & sweet vermouth & bitters angostura bitters 18 18 RUM OLD FASHIONED RUM SOUR El Dorado 15, exotic syrup & bitters Angostura 1919, honey syrup, lemon juice, port wine 21 21 RUM MANHATTAN Plantation Grand Anejo, sweet vermouth, angostura & orange bitters 18 About Rum The origin of the word rum is unclear. The name may have derived from rumbullion, meaning “agreat tumult or uproar”. Some claim that the name is from the large drinking glasses used by Dutch seamen known as rummers. Other options include contractions of the words saccharum, latin for sugar, or arôme, French for aroma. In current usage, the name used for rum is often based on the rum’s place of origin. For rums from Spanish-speaking regions the word ron is used. A ron añejo indicates a rum that has been aged and is often used for premium products. Rhum is the term used for French-speaking regions, while rhum vieux is an aged French rum. Sugar cane, originally from Papua New Guinea, was taken to Asia, where it was cultivated and then carried to Africa, India and then Spain. European explorers were lured to the West Indies by legends of El Dorado, a city paved with gold. Ironically, the tall sweet grass that Columbus took to the Caribbean in 1493, and the sugar and rum made from that sugar cane, was ultimately worth more than all the lustrous metal taken from the Caribbean basin. According to some historians, the first molasses rum to be produced was from a Dutch emigrant named Pietr Blower in 1637.
    [Show full text]
  • SCHOOL DESEGREGATION THROUGH HOUSING INTEGRATION INCENTIVES Adopted by Convention Delegates May 5, 1982 Reviewed by Board of Managers March 2012
    71 SCHOOL DESEGREGATION THROUGH HOUSING INTEGRATION INCENTIVES Adopted by Convention Delegates May 5, 1982 Reviewed by Board of Managers March 2012 WHEREAS, Racial segregation in housing has contributed to segregation in public schools in California; and WHEREAS, Action to discriminate or segregate on the basis of race in either housing or education is in violation of California law; and WHEREAS, Officials in both education and housing have legal responsibilities to take positive actions to desegregate; and WHEREAS, Discrimination and segregation in either public schools or in housing make desegregation efforts more difficult and costly; and WHEREAS, Desegregation of neighborhood housing could contribute constructively to school desegregation; and WHEREAS, School desegregation programs will continue to involve substantial costs permanently unless desegregation of neighborhood housing is achieved; and WHEREAS, Such desegregation could make possible naturally integrated neighborhood schools and enhancement of intergroup education; and WHEREAS, Both the National and State PTAs are on record favoring equal opportunity in both housing and education; now therefore be it RESOLVED, That the California State PTA seek and support legislation to provide incentives for desegregation of neighborhood housing; and be it further RESOLVED, That the California State PTA urge its units, councils and districts to serve as unifying forces in achieving desegregation of both housing and schools; and be it further RESOLVED, That the California State PTA urge
    [Show full text]
  • The Obsolescence of Advertising in the Information Age
    RAMSI A. WOODCOCK The Obsolescence of Advertising in the Information Age AB S TRACT. The vast amount of product information available to consumers through online search renders most advertising obsolete as a tool for conveying product information. Advertis- ing remains useful to firms only as a tool for persuading consumers to purchase advertised prod- ucts. In the mid-twentieth century, courts applying the antitrust laws held that such persuasive advertising is anticompetitive and harmful to consumers, but the Federal Trade Commission (FTC) was unable to pursue an antitrust campaign against persuasive advertising for fear of de- priving consumers of advertising's information value. Now that the information function of most advertising is obsolete, the FTC should renew its campaign against persuasive advertising by treating all advertising beyond the minimum required to ensure that product information is available to online searchers as monopolization in violation of section 2 of the Sherman Act. A U T H 0 R. Assistant Professor, University of Kentucky College of Law. Tien Quoc Du Nguyen, F.M. Scherer, Sandeep Vaheesan, numerous colleagues at the University of Kentucky College of Law, and participants in two meetings, the 4 th Tilburg Law and Economics Center Workshop on Competition Policy and Regulation in Media and Telecommunications, and the 2017 American Business Law Journal Invited Scholars Colloquium, provided helpful comments. 2270 ARTICLE CONTENTS INTRODUCTION 2272 1. THE VALUE OF ADVERTISING 2278 II. THE MID-CENTURY ASSAULT ON ADVERTISING 2290 III.THE OBSOLESCENCE OF ADVERTISING 2299 IV. IMPLEMENTING AN ADVERTISING BAN 2308 A. Exclusionary Conduct 2309 B. Monopoly Power 2319 C.
    [Show full text]
  • Residential Segregation and Housing Discrimination in the United States
    RESIDENTIAL SEGREGATION AND HOUSING DISCRIMINATION IN THE UNITED STATES Violations of the International Convention on the Elimination of All Forms of Racial Discrimination A Response to the 2007 Periodic Report of the United States of America Submitted by Housing Scholars and Research and Advocacy Organizations December 2007 PREPARED BY: Michael B. de Leeuw, Megan K. Whyte, Dale Ho, Catherine Meza, and Alexis Karteron of Fried, Frank, Harris, Shriver & Jacobson LLP, with significant assistance from members of our working group, and especially Philip Tegeler of the Poverty & Race Research Action Council and Sara Pratt on behalf of the National Fair Housing Alliance. We are also grateful for the assistance of Myron Orfield, John Goering, and Gregory Squires. * SUBMITTED BY Poverty & Race Research Action Council, Washington, DC National Fair Housing Alliance, Washington, DC National Low Income Housing Coalition, Washington, DC NAACP Legal Defense & Educational Fund, Inc., New York, NY Lawyers’ Committee for Civil Rights Under Law, Washington, DC National Law Center on Homelessness & Poverty, Washington, DC Center for Responsible Lending, Durham, NC Center for Social Inclusion, New York, NY Kirwan Institute for the Study of Race & Ethnicity, Columbus, OH Human Rights Center, University of Minnesota Law School, Minneapolis, MN Institute on Race & Poverty, University of Minnesota Law School, Minneapolis, MN Center for Civil Rights, University of North Carolina Law School, Chapel Hill, NC ACLU of Maryland Fair Housing Project, Baltimore, MD Inclusive Communities Project, Dallas, TX New Jersey Regional Coalition, Cherry Hill, NJ Fair Share Housing Center, Cherry Hill, NJ Michelle Adams, Benjamin N. Cardozo School of Law William Apgar, Harvard University Hilary Botein, Baruch College, City University of New York Sheryll Cashin, Georgetown University Law Center Camille Z.
    [Show full text]
  • The Four “I”S of Oppression
    The Four “I”s of Oppression Ideological • The very intentional ideological development of the …isms Examples: dominant narratives, “Othering” Any oppressive system has at its core the idea that one group is somehow better than another, and in some measure has the right to control the other group. This idea gets elaborated on in many ways—more intelligent, harder working, stronger, more capable, nobler, more deserving, more advanced, chosen, superior, and so on. The dominant group holds this idea about itself. And, of course, the opposite qualities are attributed to the other group—stupid, lazy, weak, incompetent, worthless, less deserving, backward, inferior and so on. Institutional • Is demonstrated in how institutions and systems reinforce and manifest ideology Examples: media, medical, legal, education, religion, psychiatry, banking/financial The idea that one group is better than another and has the right to control the other gets embedded in the institutions of the society, the laws, the legal system and police practice, the education system, hiring practices, public policy, housing development, media images, political power, etc. When a woman makes 2/3 of what a man makes, it is institutionalized sexism, when 1 out of 4 African American men are in jail or on probation, it is institutionalized racism, etc. Consider that dominant culture also controls the language itself used to describe all groups in society and can make things visible or invisible when necessary. Other examples/things to consider are the “War on Drugs” instead of “War on Poverty,” as well as an expanded definition of violence and how violence towards targeted groups happens at a systemic level.
    [Show full text]
  • Racial Discrimination in Housing
    Cover picture: Members of the NAACP’s Housing Committee create signs in the offices of the Detroit Branch for use in a future demonstration. Unknown photographer, 1962. Walter P. Reuther Library, Archives of Labor and Urban Affairs, Wayne State University. (24841) CIVIL RIGHTS IN AMERICA: RACIAL DISCRIMINATION IN HOUSING A National Historic Landmarks Theme Study Prepared by: Organization of American Historians Matthew D. Lassiter Professor of History University of Michigan National Conference of State Historic Preservation Officers Consultant Susan Cianci Salvatore Historic Preservation Planner & Project Manager Produced by: The National Historic Landmarks Program Cultural Resources National Park Service US Department of the Interior Washington, DC March 2021 CONTENTS INTRODUCTION......................................................................................................................... 1 HISTORIC CONTEXTS Part One, 1866–1940: African Americans and the Origins of Residential Segregation ................. 5 • The Reconstruction Era and Urban Migration .................................................................... 6 • Racial Zoning ...................................................................................................................... 8 • Restrictive Racial Covenants ............................................................................................ 10 • White Violence and Ghetto Formation ............................................................................. 13 Part Two, 1848–1945: American
    [Show full text]
  • Racial Under Bounding in North Carolina
    The Persistence of Political Segregation: Racial Underbounding in North Carolina Allan M. Parnell October 24, 2004 Cedar Grove Institute for Sustainable Communities http://home.mindspring.com/~mcmoss/cedargrove/ 6919 Lee Street Mebane, North Carolina 27302 phone 919-563-5899 fax 919-563-5290 [email protected] Racial residential segregation remains a fact of life in the South. While there is less racial residential segregation in southern metropolitan areas than there is across the rest of the nation, we know little about racial segregation or its consequences in small towns across the South. This paper examines racial residential segregation in small North Carolina towns, focusing in particular on political exclusion as a form of segregation. Political exclusion, or "underbounding" as Aiken (1987) labeled it, occurs when African American neighborhoods are kept just outside of a town's boundaries, resulting in lower levels of services, reduced access to infrastructure, and limited or no political voice in land-use and permitting decisions. African American communities are systematically excluded from towns by administrative decisions made by elected and appointed officials and the gerrymandered exclusion of African American residents from small towns of the South. Considerable attention was given to southern towns during the civil rights and voting rights drives in the 1960s. Since then, little attention has been paid to racial segregation in small southern towns by journalists or social scientists, and institutionalized segregation has taken new forms. While overt discrimination is less common in towns across the south, local institutions, such as public schools, have re-segregated (Orfield 2001). And in spite of increased numbers of African Americans elected to local councils and commissions, the real political power in most southern towns still resides with the local white elite, whose political, governmental and commercial interests inevitably intersect, and whose commercial interests override public interests (Johnson et al.
    [Show full text]
  • African American Inequality in the United States
    N9-620-046 REV: MAY 5, 2020 JANICE H. HAMMOND A. KAMAU MASSEY MAYRA A. GARZA African American Inequality in the United States We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. — The Declaration of Independence, 1776 Slavery Transatlantic Slave Trade 1500s – 1800s The Transatlantic slave trade was tHe largest deportation of Human beings in History. Connecting the economies of Africa, the Americas, and Europe, tHe trade resulted in tHe forced migration of an estimated 12.5 million Africans to the Americas. (Exhibit 1) For nearly four centuries, European slavers traveled to Africa to capture or buy African slaves in excHange for textiles, arms, and other goods.a,1 Once obtained, tHe enslaved Africans were tHen transported by sHip to tHe Americas where tHey would provide tHe intensive plantation labor needed to create HigH-value commodities sucH as tobacco, coffee, and most notably, sugar and cotton. THe commodities were tHen sHipped to Europe to be sold. THe profits from tHe slave trade Helped develop tHe economies of Denmark, France, Great Britain, the NetHerlands, Portugal, Spain and tHe United States. The journey from Africa across tHe Atlantic Ocean, known as tHe Middle Passage, became infamous for its brutality. Enslaved Africans were chained to one another by the dozens and transported across the ocean in the damp cargo Holds of wooden sHips. (Exhibit 2) The shackled prisoners sat or lay for weeks at a time surrounded by deatH, illness, and human waste.
    [Show full text]
  • About Rum the Origin of the Word Rum Is Unclear. The
    About rum The origin of the word rum is unclear. The name may have derived from rumbullion meaning "a great tumult or uproar". Some claim that the name is from the large drinking glasses used by Dutch seamen known as rummers. Other options include contractions of the words saccharum, latin for sugar, or arôme, French for aroma. In current usage, the name used for rum is often based on the rum's place of origin. For rums from Spanish-speaking locales the word ron is used. A ron añejo indicates a rum that has been aged and is often used for premium products. Rhum is the term used for rums from French-speaking locales, while rhum vieux is an aged French rum. Sugar cane, originally from Papua New Guinea, was taken to Asia where it was cultivated and then carried to Africa, India and then Spain. European explorers were lured to the West Indies by legends of El Dorado, a city paved with gold. Ironically, the tall sweet grass that Columbus took to the Caribbean in 1493, and the sugar and rum made from that sugar-cane, was ultimately worth more than all the lustrous metal taken from the Caribbean basin. According to some historians, the first molasses rum to be produced was from a Dutch emigrant named Pietr Blower in 1637. Settling in a new British colony on Barbados, Pietr introduced the island to both distillation and sugarcane having arrived with both the seedlings and a pot still required. While previously residing in Brazil, Mr. Blower had practiced distillation encouraging the locals to extend the value of each canes harvest by distilling the molasses left over after sugar production.
    [Show full text]
  • APPENDIX APPENDIX TABLE of CONTENTS Opinion, First Resort, Inc
    APPENDIX APPENDIX TABLE OF CONTENTS Opinion, First Resort, Inc. v. Herrera, No. 15-15434 (9th Cir. 2017) ............................. 1a Order re Cross-Motions for Summary Judgment, First Resort, Inc. v. Herrera, No. C 11-5534 (N.D. Ca. 2015) ........................ 44a Order, First Resort, Inc. v. Herrera, No. 15-15434 (9th Cir. 2017) ........................... 72a Pregnancy Information Disclosure and Protection Ordinance, S.F. Admin. Code, ch. 93 §§ 93.1-93.5 .................................. 73a City & County of San Francisco News Release, Aug. 2, 2011 ............................. 83a Letter from Dennis J. Herrera to First Resort, Aug. 2, 2011 ................................ 87a Press Release, NARAL Pro-Choice California, re San Francisco Ordinance, Aug. 2, 2011 ...................................................... 90a Joint Statement of Undisputed Facts ............. 93a Excerpts from Transcript of Hearing Before Board of Supervisors of the City and County of San Francisco: Sept. 26, 2011 ......................................... 104a Oct. 18, 2011 .......................................... 121a Oct. 25, 2011 .......................................... 129a 1a FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FIRST RESORT, INC., Plaintiff-Appellant, v. DENNIS J. HERRERA, in No. 15-15434 his official capacity as City attorney of the City D.C. No. of San Francisco; BOARD 4:11-cv-5534-SBA OF SUPERVISORS OF THE CITY & COUNTY OF SAN OPINION FRANCISCO; CITY AND COUNTY OF SAN FRANCISCO, Defendants-Appellees. Appeal
    [Show full text]
  • False Advertising, Animals, and Ethical Consumption
    FALSE ADVERTISING, ANIMALS, AND ETHICAL CONSUMPTION By Carter Dillard* In light of the fact that today’s consumers often want their products to be created in the most environmentally-, globally-, and animal-friendly ways possible, unethical sellers sometimes succumb to the incentive to persuade consumers that goods were created more ethically than they actually were. False advertising law represents a rare, albeit roundabout, legal opening for animal advocates to deal with issues of animal mistreatment, regardless of legislative and executive branch disregard of the importance of animal pro- tection. Whether there is a beneficial change in the law or not, current oppor- tunities in the market for these cases should be sought out and exploited, if only to protect the ground animal advocates have gained in the battle for consumer opinion. This article investigates the ways that consumers can protect themselves from false advertising through the use of federal and state agencies, independent review, federal and state courts, and private at- torneys general actions. I. INTRODUCTION ......................................... 26 II. FORUMS AND BASIC PROCEDURE ...................... 28 A. Federal Agencies ...................................... 28 B. Independent Review ................................... 33 C. State Agencies ......................................... 34 D. Federal Court ......................................... 37 E. State Courts .......................................... 39 F. Private Attorney General Actions ......................
    [Show full text]