1. The Mosquito No Company claims that its electronic mosquito device will "eliminate all mosquito problems within on-half acre."
Actually, the device will only work if there is no standing water on the half acre. Explain how the FTC will evaluate this advertising for deception.
FTC will look at the ad from the point of view of the "reasonable consumer," the typical person looking at the ad. Rather than focusing on certain words, the agency considers the ad in context-words, phrases, and pictures-to determine what it conveys to consumers. The FTC looks at both "express" and "implied" claims. Additionally, the FTC looks at what the ad does not say-that is, if the failure to include information leaves consumers with a misimpression about the product.
In this case of Mosquito No, the ad is right about the product but they left an information out which could determine consumer buying decision. If they had included that "the device will only work if there is no standing water on the half acre" then buyers will be able to decide if the product is right for them or not.
2. If a grocery store records a video of a customer as he shops for cereal, will that customer have a case based on intrusion on seclusion?
He will if the video was disclosed to a third party without his consent. If the video was not disclosed, then he does not really have a case. In business it is hard to establish privacy. It is a public place and he was not the only one on the video so it will be hard to make a case out of it, besides, many supermarkets have camera's just to protect their businesses from theft.
Please provide more specific information for the answer and references, Thank you.