Consider the once popular Hanes underwear advertisements featuring Michael Jordan. During the launch of the new ComfortSoft waistband underwear, Hanes issued numerous press releases promoting its ad campaign. One press release contained the following statements made by Jordan: “Hanes and I have been together for more than a decade spreading the word about comfort and style. Last year, we urged everyone in America to ‘Go Tagless’ with the Tagless undershirt. Now, we’ve done it again to men’s underwear with the ComfortSoft waistband. It truly is a beautiful thing.
1. Would this be considered a celebrity endorsement? Why or why not?
2. What FTC regulations define celebrity endorsements?
3. Assume that Michael Jordan does not actually wear Hanes underwear. Can the FTC bring an action against Hanes or Michael Jordan?