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They do not address the great quantities of nondeceptive marketing e-mail sent by big companies and even the Internet service providers themselves.
He has characterized clinical hypnosis as a "nondeceptive placebo."
Supreme Court precedent allows the F.T.C. to regulate nondeceptive advertising as "unfair" only if it violates a public policy well established in law.
For example, in 1994, Irving Kirsch distinguished hypnosis as a "nondeceptive placebo," i. e., a method that openly makes use of suggestion and employs methods to amplify its effects.
For several years the Federal Trade Commission has been reviewing their complaints about "the restriction of truthful, nondeceptive advertising," said Sally Maxwell, a senior lawyer in the competition bureau at the commission.
But the majority opinion, by Justice Sandra Day O'Connor, cast doubt on several subsequent decisions that had found constitutional protection even for rather aggressive advertising tactics by lawyers as long as the letters or advertisements were "truthful and nondeceptive."
"No matter how controversial the product may be - whether it's tobacco or alcoholic beverages - if indeed it is a lawfully sold product or service, truthful and nondeceptive advertising of that product is protected by the First Amendment."
Over Justice O'Connor's vigorous dissent, it ruled in a 1988 case called Shapero v. Kentucky Bar Association that states could not prohibit lawyers from soliciting business by sending "truthful and nondeceptive letters to potential clients known to face particular legal problems."
Shrinking Sales, Swelling Ads "The regulations are so vague, undefined and overbroad that they threaten all truthful, nondeceptive alcohol advertising," said DeWitt Helm, president of the Association of National Advertisers, a trade group based in New York.