Explain the difference between false advertising and puffery. Are consumers smart enough to see through companies’ puffery?

Start by reading and following these instructions:

1. Quickly skim the questions or assignment below and the assignment rubric to help you focus.

Don't use plagiarized sources. Get Your Custom Essay on
Explain the difference between false advertising and puffery. Are consumers smart enough to see through companies’ puffery?
Just from $13/Page
Order Essay

2. Read the required chapter(s) of the textbook and any additional recommended resources. Some answers may require you to do additional research on the Internet or in other reference sources. Choose your sources carefully.

3. Consider the discussion and the any insights you gained from it.

4. Create your Assignment submission and be sure to cite your sources, use APA style as required, check your spelling.


1. In “techie’’ circles, Kevin D. Mitnick became the underground icon of computer hackers. During a decade’s reign, Mitnick terrorized the federal government, universities, and high-tech companies such as Sun Microsystems, Novell Corporation, MCI Communications, and Digital Equipment Corporation by breaking into their computer systems. Mitnick used his computer skills to penetrate his victims’ computer systems to steal secret information and wreak havoc with their software and data.

Mitnick, a self-taught computer user, has a history of computer-related crime. As a 17-year-old, he was placed on probation for stealing computer manuals from a Pacific Bell Telephone switching center in Los Angeles. Mitnick was next accused of breaking into federal government and military computers. He has also been accused of breaking into the nation’s telephone and cellular telephone networks, stealing thousands of data files and trade secrets from corporate targets, obtaining at least 20,000 credit card numbers of some of the country’s richest persons, and sabotaging government, university, and private computer systems around the nation. Mitnick was arrested and convicted of computer crimes and served time in prison. Upon release from prison, he was put on probation and placed in a medical program to treat his compulsive addiction to computers, which included a court order to not touch a computer or modem. Mitnick dropped out of sight and evaded federal law enforcement officials for several years, as he continued a life of computer crime. Mitnick’s next undoing came when he broke into the computer of Tsutomu Shimomura, a researcher at the San Diego Supercomputer Center.

Shimomura, a cyber sleuth who advises the FBI and major companies on computer and Internet security, made it his crusade to catch the hacker who broke into his computer. Shimomura watched electronically as Mitnick invaded other computers across the country, but he could not physically locate Mitnick because he disguised his whereabouts by breaking into telephone company computers and rerouting all his computer calls. Eventually, Shimomura’s patient watching paid off, as he traced the electronic burglar to Raleigh, North Carolina. Shimomura flew to Raleigh, where he used a cellular- frequency-direction-finding antenna to locate Mitnick’s apartment. The FBI was notified, and an arrest warrant was obtained from a judge at his home. The FBI arrested Mitnick at his apartment. Mitnick was placed in jail without bail, pending the investigation of his case. Mitnick’s computer crimes spree has been estimated to have cost his victims several hundreds of millions of dollars in losses, but Mitnick was not accused of benefiting financially from his deeds. Mitnick entered into a plea agreement with federal prosecutors. The U.S. District Court judge sentenced Kevin Mitnick to 46 months in prison, including time served, and ordered him to pay $4,125 in restitution to the companies he victimized. The judge called this a token amount but did not order a larger restitution because she believed Mitnick would not be able to pay more. After serving his time in prison, Mitnick was released. As part of the sentencing, Mitnick cannot use electronic devices, from PCs to cellular telephones, during an additional probationary period following his release from prison. Mitnick is now acting as a consultant to businesses, advising them how to protect themselves from computer hackers.

1. Was Mitnick guilty of a crime?

2. Did Mitnick act unethically? Do you think hackers cause much economic loss?

3. Should Mitnick have been given a greater sentence in this case? Why or why not? Do you think anything should have been done differently in sentencing?

2. Papa John’s International, Inc., is the third-largest pizza chain in the United States, with more than 2,050 locations. Papa John’s adopted a new slogan—“Better Ingredients. Better Pizza.”—and applied for and received a federal trademark for this slogan. Papa John’s spent over $300 million building customer recognition and goodwill for this slogan. This slogan has appeared on millions of signs, shirts, menus, pizza boxes, napkins, and other items, and it has regularly appeared as the tag line at the end of Papa John’s radio and television advertisements.

Pizza Hut, Inc., is the largest pizza chain in the United States, with more than 7,000 restaurants. Pizza Hut launched a new advertising campaign in which it declared “war” on poor-quality pizza. The advertisements touted the “better taste” of Pizza Hut’s pizza and “dared” anyone to find a better pizza. Pizza Hut also filed a civil action in federal court, charging Papa John’s with false advertising, in violation of Section 43(a) of the federal Lanham Act.

1. Explain the difference between false advertising and puffery. Are consumers smart enough to see through companies’ puffery?

2. Is the Papa John’s advertising slogan “Better Ingredients. Better Pizza.” false advertising? Explain your answer.

3. Did Papa John’s act ethically in making the claims it made?

3. The National Enquirer, Inc., is a Florida corporation with its principal place of business in Florida. It publishes the National Enquirer, a national weekly newspaper with a total circulation of more than five million copies. About six hundred thousand copies, almost twice the level in the next highest state, are sold in California. The Enquirer published an article about Shirley Jones, an entertainer. Jones, a California resident, filed a lawsuit in California state court against the Enquirer and its president, who was a resident of Florida. The California lawsuit sought damages for alleged defamation, invasion of privacy, and intentional infliction of emotional distress.

1. Explain what kind of paper the National Enquirer is.

2. Was it ethical for The National Enquirer, Inc., to try to avoid suit in California?

3. Are the defendants subject to suit in California? Why or why not?

4. Robert Schlagenhauf worked as a bus driver for the Greyhound Corporation. One night, the bus he was driving rear-ended a tractor-trailer. Seven passengers on the bus were injured and sued Schlagenhauf and Greyhound Corporation for damages. The complaint alleged that Greyhound was negligent for allowing Schlagenhauf to drive a bus when it knew that his eyes and vision “were impaired and deficient.” The plaintiffs petitioned the court to order Schlagenhauf to be medically examined concerning these allegations. Schlagenhauf objected to the examination. Who wins?

Academic Heros
Calculate your paper price
Pages (550 words)
Approximate price: -

Why Work with Us

Top Quality and Well-Researched Papers

Our writers are encouraged to read and research widely to have rich information before writing clients’ papers. Therefore, be it high school or PhD level paper, it will always be a well-researched work handled by experts.

Professional and Experienced Academic Writers

For one to become part of our team, thorough interview and vetting is undertaken to make sure their academic level and experience are beyond reproach, hence enabling us give our clients top quality work.

Free Unlimited Revisions

Once you have received your paper and feel that some issues have been missed, just request for revision and it will be done. In addition, you can present your work to the tutor and he/she asks for improvement/changes, we are always ready to assist.

Prompt Delivery and 100% Money-Back-Guarantee

All our papers are sent to the clients before the deadline to allow them time to review the work before presenting to the tutor. If for some reason we feel our writers cannot meet the deadline, we will contact you to ask for more time. If this is not possible, then the paid amount will be refunded.

Original & Confidential

Our writers have been trained to ensure work produced is free of plagiarism. Software to check originality are also applied. Our clients’ information is highly guarded from third parties to ensure confidentiality is maintained.

24/7 Customer Support

Our support team is available 24 hours, 7 days a week. You can reach the team via live chat, email or phone call. You can always get in touch whenever you need any assistance.

Try it now!

Calculate the price of your order

Total price:

How it works?

Follow these simple steps to get your paper done

Place your order

Fill in the order form and provide all details of your assignment.

Proceed with the payment

Choose the payment system that suits you most.

Receive the final file

Once your paper is ready, we will email it to you.

Our Services

You have had a hectic day, and still need to complete your assignment, yet it is late at night. No need to panic. Place your order with us, retire to bed, and once you wake up, the paper will be ready.


Essay Writing Service

It does not matter the urgency of your paper, or the academic level, our team is ready to help you 24/7. Just contact us and all your academic needs will be sorted.


Admission Essays & Business Writing Help

A student is often required to write an admission letter requesting to be admitted in a certain institution. For you to be gain that admission in your dream institution, you must write a convincing letter. You can depend on our team for the best admission letters.


Editing Support

Academic writing is not just about getting information and throwing it all over. Our team will ensure you have a polished paper that is coherent and has a good flow of information. We also ensure the paper follows the correct formatting styles like APA, Harvard, MLA, Chicago/Turabian.


Revision Support

If our writers write a paper but you are not satisfied in one way or another, you can always ask for revision. This is totally free. Our writers and editors will revise your paper untill you are be totally satisfied. We as well offer revision for papers not done by our writers at a small fee.