The Internet has revolutionized the way knowledge is currently produced, stored and disseminated. A few finger clicks on a keyboard can save time and many hours of search in libraries or shopping in stores. Online trademarks with an prefix such as e-library, e-business, e-health etc., are increasingly part of our daily professional vocabularies. However, the Internet has also produced multiple negative side effects, ranging from an unhealthy dependency to a dehumanization of human relationships. Fraudulent, unethical and scam practices are also (...) flourishing through for example misleading online advertising methods. Some social and professional networks gather users’ profiles for selling and advertising purposes, sometimes by making it technically difficult to unsubscribe. Here, I discuss some of these unethical aspects and propose some potential solutions to reduce them. (shrink)

Advertising by health care institutions has increased steadily in recent years. While direct-to-consumer prescription drug advertising is subject to unique oversight by the Federal Drug Administration, advertisements for health care services are regulated by the Federal Trade Commission and treated no differently from advertisements for consumer goods. In this article, we argue that decisions about pursuing health care services are distinguished by informational asymmetries, high stakes, and patient vulnerabilities, grounding fiduciary responsibilities on the part of health care providers (...) and health care institutions. Using examples, we illustrate how common advertising techniques may mislead patients and compromise fiduciary relationships, thereby posing ethical risks to patients, providers, health care institutions, and society. We conclude by proposing that these risks justify new standards for advertising when considered as part of the moral obligation of health care institutions and suggest that mechanisms currently in place to regulate advertising for prescription pharmaceuticals should be applied to advertising for health care services more broadly. (shrink)

When faced with an environmental problem, corporations can either deal with it or merely give the appearance of managing it. The latter is often the case cause the corporation can maintain a positive public image while not actually doing anything to solve the problem. Advertising and public relations are the tools that are commonly utilized to create this illusion. The first part of this article illustrates the variety of ways in which green advertising and green public relations are (...) exploited to mislead the public regarding environmental issues. The many examples cover issues such as global warming, toxic chemicals, the precautionary principle, and environmental education. The second part of the article shows that Jacques Ellul’s theory of integration propaganda provides a good explanation for what has been observed about green advertising and green public relations. (shrink)

Medicine is unique among professions and trades, offering a 'product' which is unlike any other. The consequences for patients of being attracted by misleading information to an inappropriate doctor or service are such as to demand special restrictions on the advertising of doctors' services. Furthermore, health care in the UK is organised around the 'referral system', whereby general practitioners refer patients to specialists when necessary rather than have specialists accept patients on self-referral. But this need not inhibit the (...) provision of helpful factual information to those who need it. Recent policy changes by the General Medical Council considerably broaden the scope for general practitioners to make factual information of their services available to local people, while safeguarding the public against promotional activities which are designed to increase demand for certain kinds of specialist service by playing upon individuals' fears and lack of medical knowledge. (shrink)

Abstract:Discussions of the ethics of advertising have been based on a general distinction between informative and persuasive advertising without looking at specific techniques of persuasion. Self-identity image ads persuade by presenting an image of an idealized person-type such as a “beautiful” woman (Chanel) or a sexy teen (Calvin Klein). The product becomes a symbol of the ideal, and target consumers are invited to use the product to project the self-image to themselves and others. This paper argues that image (...) ads are not false or misleading, and that whether or not they advocate false values is a matter for subjective reflection. Image ads can undermine a consumer’s self-esteem by collectively omitting images authentic for that sort of person (such as large women), and by combining impossible images with implied gaze. Image ads generally do not undermine autonomy of choice, internal autonomy, or social autonomy. It is concluded that image advertising is a basically ethical technique, but several recommendations are given on how use of image advertising can avoid specific harms. (shrink)

The Israeli approach to advertising consists of two complementary sets of norms, legal norms and moral‐ethical norms. Advertising legislation demands honest disclosure. The Israeli legislator refrains from intervening in fundamental rights such as freedom of expression, free trade, occupation, and liberty of contract in advertising. However, there are also few interventions to prevent phenomena that are dangerous or abusive, especially to groups needing protection. The Israeli courts do try to apply moral considerations in cases tried by them, (...) but living up to moral responsibilities is different from complying with legal obligations. Advertisers in Israel have a(i) Treatise(r), consisting of ten ethical guidelines, which neither sums up advertising ethics in its entirety nor is legally binding. Sociological and psychological features of the culture need to be examined in order to spell out what truth and honesty in advertising actually mean in this society, and the manner in which these values are practised. Lacking sanctions in public law against misleading consumers or manipulation based on false facts, consumers must find remedy in civil actions which rely on moral and ethical rules. (shrink)

The Israeli approach to advertising consists of two complementary sets of norms, legal norms and moral‐ethical norms. Advertising legislation demands honest disclosure. The Israeli legislator refrains from intervening in fundamental rights such as freedom of expression, free trade, occupation, and liberty of contract in advertising. However, there are also few interventions to prevent phenomena that are dangerous or abusive, especially to groups needing protection. The Israeli courts do try to apply moral considerations in cases tried by them, (...) but living up to moral responsibilities is different from complying with legal obligations. Advertisers in Israel have a(i) Treatise(r), consisting of ten ethical guidelines, which neither sums up advertising ethics in its entirety nor is legally binding. Sociological and psychological features of the culture need to be examined in order to spell out what truth and honesty in advertising actually mean in this society, and the manner in which these values are practised. Lacking sanctions in public law against misleading consumers or manipulation based on false facts, consumers must find remedy in civil actions which rely on moral and ethical rules. (shrink)

The seminar will focus on linguistic strategies used by manufacturers to promote products. We will look at claims such as: “2 out of 3 doctors prescribed Medicine X”. Would this statement be false or merely misleading if exactly three doctors were included in the sample? The fundamental semantic distinction between entailment (what is stated) and implicature (what is implied) will be used to probe issues of truth in the language of advertising. The course will explore the topic in (...) the wider context of conversational dynamics. Students will gain an understanding of the field of theoretical linguistics and of its practical application to the world of advertising. (shrink)

This paper reviews common advertising claims by egg freezing companies and evaluates the medical evidence behind those claims. It then surveys legal standards for truth in advertising, including FTC and FDA regulations and the First Amendment right to free speech. Professional standards for medical advertising, such as guidelines published by the American Society for Reproductive Medicine, the American College of Obstetricians and Gynecologists, and the American Medical Association, are also summarized. A number of claims, many of which (...) relate to the targeting of younger women for eOC, are found to breach legal and ethical standards for truth in advertising. The ethical implications of misleading advertising claims are also discussed, and the central narrative woven by OC ads — that egg freezing is empowering to women — is examined. The paper concludes that a more balanced approach to the risks and benefits of OC is necessary to truly respect women's autonomy. Moreover, justice requires us to look beyond a medical procedure accessible only to a minority of women in order to address inequities in the workplace. (shrink)

We extend the deceptive advertising model of Piccolo et al. :611–624, 2015) to a framework in which consumers may be loss averse. There are two sellers, competing on prices and offering experience goods with some differences in quality. Prospective customers may be harmed by deceptive advertising: a marketing practice that can induce them to make bad purchases. We show that although deceptive advertising occurs depending on the degree of consumers’ loss aversion, this behavioral bias does not reflect (...) on firms’ prices. Nevertheless, the presence of loss-averse consumers crucially changes the optimal deterrence rule that a Public Authority should adopt against false claims and misleading advertising. Unlike Piccolo et al., in this more general model, strong enforcements may improve the buyer welfare according to the degree of loss aversion. (shrink)

Expounds on the ethical hazards of advertising cosmetic surgery. Impact of physician entrepreneurialism on the fiduciary concept of physician-patient relationship; Expectation on physician's non-abuse of superior position; Physician's responsibility to inform patient to enhance the latter's control over personal life and health care; Exacerbation of patient's vulnerability through misleading advertising.

In this paper I present a moral account of the legal notion of deceptive advertising. I argue that no harmful consequences to the consumer need follow from a deceptive advertisement as such, and I suggest instead that one should focus on the consequences of permitting the practise of deceptive advertising on society as a whole. After a brief account of deceptive advertising, I move to discuss the role of the reasonable person standard in its definition. One interpretation (...) of this standard is empirical, aiming to objectify the quality of misleadingness in the advertisement. I offer an alternative normative interpretation which aims to draw the line between the advertiser's responsibility and that of the consumer, between misleading and miscomprehension. I then examine and reject several possible moral grounds for condemning and prohibiting deceptive advertising. These include: harm, in the sense of welfare, to the misled consumer; harm to competitors; and a violation or a reduction of the consumer's autonomy. Finally, I explain how the effect of the practise of deceptive advertising on society as a whole should inform our normative line-drawing between misleading and miscomprehension, and how it provides the basis for the moral evaluation of deceptive advertising. (shrink)

Happy cow messages are instances of commercial speech by the animal industry which, by action or by omission, mislead consumers about the harmful effects that the industry has for nonhuman animals, the environment, or human health. Despite their ubiquity, happy cow messages have received little philosophical scrutiny. This paper aims to call attention to this form of speech, and to make the case for its restriction. To do so we first conceptualize happy cow messages. Second, we argue that they encroach (...) upon individual autonomy in two particularly objectionable ways: by impairing our ability to behave according to our moral convictions, and by thwarting our capacity to identify and reason about our moral duties. This, we hold, grounds a pro tanto case for stricter and more comprehensive regulations of commercial speech by the animal industry. Third, and against the objection that restricting happy cow messages would violate freedom of speech, we contend that none of the most influential arguments for free speech grants them protection. Indeed, we suggest, those rationales seem to call for their restriction. Fourth, and finally, we review some possible ways to defuse the misleading potential of happy cow messages through commercial speech regulations. (shrink)

Technological shifts within the video game industry have enabled many games to evolve into platforms for repeated expenditure, rather than a one-time purchase product. Monetising a game as a service is challenging, and there is concern that some monetisation strategies may constitute unfair or exploitative practices which are not adequately covered by existing law. We asked 1104 players of video games to describe a time when they had been exposed to transactions which were perceived to be misleading, aggressive or (...) unfair. We found 35 separate techniques over eight domains: game dynamics designed to drive spending, product not meeting expectations, monetisation of basic quality of life, predatory advertising, in-game currency, pay to win, general presence of microtransactions and other. Notably, several of these reported practices seem to not align with existing UK consumer protection regulations. We discuss this potential misalignment, as well as the implications of identifying what players believe to be problematic monetisation techniques. (shrink)

In 2013 this journal published the paper ‘Integrity in Higher Education Marketing: A typology of misleading data-based claims in the university prospectus.’ It argued that UK universities were using data and statistics in a misleading way in their advertising and proposed a nine-part typology to describe such claims. The present paper describes the subsequent responses in national media and academic writing. It then analyses recent developments in the regulation of university marketing in the UK, where the (...) class='Hi'>Advertising Standards Authority has publically rebuked universities and issued new guidance. Rulings against six UK universities are analysed and the paper considers the extent to which the new guidance addresses the nine types of misleading claims. The paper goes on to consider how issues such as this come to be addressed by regulators and what incentives will encourage universities to ensure the integrity of their marketing. (shrink)

Misleading information pervades marketing communications, and is a long-standing issue in business ethics. Regulators place a heavy burden on consumers to detect misleading information, and a number of studies have shown training can improve their ability to do so. However, the possible side effects have largely gone unexamined. We provide evidence for one such side-effect, whereby training consumers to detect a specific tactic (illegitimate endorsers), leaves them more vulnerable to a second tactic included in the same ad (a (...) restrictive qualifying footnote), relative to untrained controls. We update standard notions of persuasion knowledge using a goal systems approach that allows for multiple vigilance goals to explain such side-effects in terms of goal shielding, which is a generally adaptive process by which activation and/or fulfillment of a low-level goal inhibits alternative detection goals. Furthermore, the same goal systems logic is used to develop a more general form of training that activates a higher-level goal (general skepticism). This more general training improved detection of a broader set of tactics without the negative goal shielding side effect. (shrink)

The increased usage of questionable environmental marketing claims has become an issue of concern for academics, policy makers and consumers. Much of the research to date, has focused on the accuracy of environmental claims in advertisements, with the information on product packaging being largely ignored. This study uses a content analysis to examine the environmental information on packaging. More specifically it examines the packaging of the population of dishwashing liquid bottles available in grocery stores in a large city in Australia. (...) Evaluation criteria are developed to classify the various types of information and the degree to which the information is "misleading". Seven different informational categories and four accuracy categories are developed. These criteria are developed based on the existing environmental advertising literature and environmental marketing regulations in the U.S. and Australia. It was found that a majority of the packaging information can be classified as being not accurate. (shrink)

Arguments for and against direct-to-consumer drug advertising (DTCA) center on two issues: (1) the epistemic effects on patients through access to information provided by the ads; and (2) the effects of such information on patients’ abilities to make good choices in the healthcare marketplace. Advocates argue that DTCA provides useful information for patients as consumers, including information connecting symptoms to particular medical conditions, information about new drug therapies for those conditions. Opponents of DTCA point out substantial omissions in information (...) provided by the ads and argue that the framing of the ads may mislead patients about the indications, uses, and effectiveness of the drugs advertised. They also suggest that DTCA has a number of potentially negative effects on the doctor–patient relationship. The standard arguments appear to assume a simplistic correlation—more information means more agency for patients. However, empirical studies on medical decision making suggest that this relationship is much more complex and nuanced. I examine recent research on ways in which patients are vulnerable with respect to DTCA. In order to address the complex issues of information acquisition and consumer decision-making in the health care marketplace, the focus should not be simply on what information patients need in order to make medical decisions, but also on the conditions under which patients actually are able to make medical decisions requiring complex medication information. This requires examining both the cognitive limitations of patients with respect to drug information and investigating patients’ preferences and needs in a variety of medical contexts. (shrink)

This paper examines the relationship of ethical decision-making by individuals to corporate business ethics and organizational performance of three groups: SMEs, Outstanding SMEs and Large Enterprises, in order to provide a reference for Taiwanese entrepreneurs to practice better business ethics. The survey method involved random sampling of 132 enterprises within three groups. Some 524 out of 1320 questionnaires were valid. The survey results demonstrated that ethical decision-making by individuals, corporate business ethics and organizational performance are highly related. In summary, then, (...) high levels of organizational performance were directly attributable to high levels of applied corporate and individual ethics. Furthermore, there is a demonstrable tendency for Outstanding SMEs to reject ethically unsound practices such as padded expense accounts, tax evasion and misleading advertising. The measurement criteria used to assess organizational performance, however, did not include an objective evaluation of financial performance. (shrink)

Cancellability is an essential feature of implicatures. However, its reliability has been challenged by several cases and examples in which conversational implicatures seem to be hard or even impossible to cancel. Should it then be concluded that not all implicatures are cancellable, and therefore Grice's cancellability test should be weakened or abandoned? The present paper addresses this problem by drawing a distinction between theoretical and practical cancellability, where the latter concept captures the (un)reasonableness of explicit or contextual cancellation. By analyzing (...) three legal cases of misleading advertising, I show how the indefensibility of an interpretation can account for the practical uncancellability of an implicature. To explain and account for the reasonableness of an interpretation, the presumptive inferences involved must be reconstructed and evaluated considering different dimensions, such as the conversational context and the associated presumptions. (shrink)

This article provides an overview of current and prospective ethical issues facing commercial (as opposed to leisure) travel agents. Industry wide ethical issues include conflicting pressures from suppliers and clients, competency requirements for agents and misleading advertising and sales claims (vaporware in industry jargon). Issues with travel suppliers include calculation and payment of commissions, fare loopholes, frequent flyer plans and the use and abuse of benefits directed to individual employees. Issues with corporate clients of travel agents include hidden (...) preferred carriers or suppliers, client pressure to use fare loopholes and hidden relationships with corporate travel consultants. Future issues include protecting client privacy, free riding, and divergent international business practices. (shrink)

Assisted reproductive technology has enabled thousands of infertile couples to experience the joys of parenthood. At various times, however, significant problems have come to light concerning the providing of infertility treatment in the United States. An early problem was misleading advertising by some infertility programs, particularly in regard to pregnancy success rates. This unacceptable activity suggested the need for more oversight of assisted reproductive technology and prompted the passage of a federal law requiring the reporting of success rates (...) in a standardized format. Another problem, one that was especially disturbing, was the transfer of preembryos to infertile women at the University of California, Irvine, without the consent of the progenitor couples. Disclosure of these events added fuel to the debate over whether assisted reproductive technology should be subject to greater governmental regulation. (shrink)

Assisted reproductive technology has enabled thousands of infertile couples to experience the joys of parenthood. At various times, however, significant problems have come to light concerning the providing of infertility treatment in the United States. An early problem was misleading advertising by some infertility programs, particularly in regard to pregnancy success rates. This unacceptable activity suggested the need for more oversight of assisted reproductive technology and prompted the passage of a federal law requiring the reporting of success rates (...) in a standardized format. Another problem, one that was especially disturbing, was the transfer of preembryos to infertile women at the University of California, Irvine, without the consent of the progenitor couples. Disclosure of these events added fuel to the debate over whether assisted reproductive technology should be subject to greater governmental regulation. (shrink)

This paper examines ethical issues involved in the mass marketing of securities to individuals. The marketing of products deemed “socially questionable” or “sinful” (like tobacco and alcohol) has long been recognized as posing special ethical challenges (Kotler, P. and S. Levy: 1971, Harvard Business Review 49, 74–80; Davidson, D. K: 1996, Selling Sin: The Marketing of Socially Unacceptable Products (Quorum Press, Westport). We contend that marketers should consider securities (i.e. common stock, options) in a similar vein, as a potentially dangerous (...) product. Given the inherent volatility of equity prices, responsible marketers need to exercise caution and restraint in promoting securities. We evaluate whether the NYSE’s current guidelines adequately encourage ethical marketing practices and deter unethical ones. Using recent examples of controversial brokerage advertisements, we expose weaknesses in the Exchange’s vague injunction that members not “mislead” reasonable people by making “exaggerated claims” in their communications. From a moral perspective, we find it troublesome that intentionality need not be present for a promotion to be considered misleading. Also problematic is the continued invocation of the reasonable person standard to judge the propriety of advertisements. We close with some thoughts on improving the quality of securities marketing. We suggest that the NYSE, in the interests of fostering higher ethical behavior among member marketers, may need to revive a marketing code of conduct prevalent on Wall Street in an earlier era. (shrink)

The main varieties of scientific misconduct are fabrication, falsification, misquoting and plagiarism. Considering the "improvement" of fraudulent skills, scientists, editors, and authorities must jointly combat the misconduct. Also, it is important that whistleblowers must be protected from revenge. The response to scientific misconduct requires national and international bodies to provide leadership and guidelines. Whistleblowers need a safe, confidential place to report misconduct. The quality of research and hidden conflicts of interest should be taken into account deciding which studies are to (...) be included into reviews. Forged publications and speculative theories have been used for promotion of drugs, dietary supplements and treatments without proven effectiveness. Marketing of placebos in the guise of evidence-based medications seems to be on the increase. Patients can be misinformed not only by the advertising but also by publications supposed to be scientific. Furthermore, it has become usual practice to disregard published criticism in spite of personal communications and debates at conferences. Some scientists seem to make use of critical comments without citing them, or just continue publications ignoring the criticism. The same scientists continue working sometimes in cooperation with renowned researchers; and it is possible that some later articles are more reliable than earlier ones. However, it is insufficient to hope that reliable publications would be shortly confirmed while forgeries would fall into oblivion. Fake papers are misleading for research and practice, cost time and money. Wrong concepts are persisting and reappearing, which may result in useless experimentation and application of invasive methods without sufficient indications. An international cooperation of bona fide scientists, editors and authorities is needed to eradicate the scientific misconduct and fraude in medicine. The book contains an overview of misconduct in medical research and practice mainly from the former Soviet Union. Ample documentary evidence is provided as illustrations. (shrink)

Prototypical instances of disinformation include deceptive advertising (in business and in politics), government propaganda, doctored photographs, forged documents, fake maps, internet frauds, fake websites, and manipulated Wikipedia entries. Disinformation can cause significant harm if people are misled by it. In order to address this critical threat to information quality, we first need to understand exactly what disinformation is. This paper surveys the various analyses of this concept that have been proposed by information scientists and philosophers (most notably, Luciano Floridi). (...) It argues that these analyses are either too broad (that is, that they include things that are not disinformation), or too narrow (they exclude things that are disinformation), or both. Indeed, several of these analyses exclude important forms of disinformation, such as true disinformation, visual disinformation, side-effect disinformation, and adaptive disinformation. After considering the shortcomings of these analyses, the paper argues that disinformation is misleading information that has the function of misleading. Finally, in addition to responding to Floridi’s claim that such a precise analysis of disinformation is not necessary, it briefly discusses how this analysis can help us develop techniques for detecting disinformation and policies for deterring its spread. (shrink)

There is a pattern of miscommunication bedeviling the people working on consciousness that is reminiscent of the classic Abbott and Costello ‘ Who ’ s on First?’ routine. With the best of intentions, people are talking past each other, seeing major disagreements when there are only terminological or tactical preferences — or even just matters of emphasis — that divide the sides. Since some substantive differences also lurk in this confusion, it is well worth trying to sort out. Much of (...) the problem seems to have been caused by some misdirection in my apologia for heterophenomenology, advertised as an explicitly third - person approach to human consciousness, so I will try to make amends by first removing those misleading signposts and sending us back to the real issues. On the face of it, the study of human consciousness involves phenomena that seem to occupy something rather like another dimension : the private, subjective, ‘ first - person ’ dimension. Everybody agrees that this is where we start. What, then, is the relation between the standard ‘ third - person ’ objective methodologies for studying meteors or magnets, and the methodologies for studying human consciousness? Can the standard methods be extended in such a way as to do justice to the phenomena of human consciousness? Or do we have to find some quite radical or revolutionary alternative science? I have defended the hypothesis that there is a straightforward, conservative extension of objective science that handsomely covers the ground — all the ground — of human consciousness, doing justice to all the data without ever having to abandon the rules and constraints of the experimental method that have worked so well in the rest of science. This third - person methodology, dubbed heterophenomenology, is, I have claimed, the sound way to take the first person point of view as seriously as it can be taken. (shrink)

There is a pattern of miscommunication bedeviling the people working on consciousness that is reminiscent of the classic Abbott and Costello 'Who's on First?' routine. With the best of intentions, people are talking past each other, seeing major disagreements when there are only terminological or tactical preferences -- or even just matters of emphasis -- that divide the sides. Since some substantive differences also lurk in this confusion, it is well worth trying to sort out. Much of the problem seems (...) to have been caused by some misdirection in my apologia for heterophenomenology , advertised as an explicitly third-person approach to human consciousness, so I will try to make amends by first removing those misleading signposts and sending us back to the real issues. (shrink)

Online gambling companies claim that they are ethical providers. They seem committed to corporate social responsibility (CSR) practices that are aimed at preventing or minimising the harm associated with their activities. Our empirical research employed a sample of 209 university student online gamblers, who took part in an online survey. Our findings suggest that the extent of online problem gambling is substantial and that it adversely impacts on the gambler's mental and physical health, social relationships and academic performance. Online problem (...) gambling seems to be related to the time spent on the Internet and gambling online, parental/peer gambling and binge drinking. As our findings show that there are harmful repercussions associated with online gambling, we argue that companies in this controversial sector cannot reach the higher level of CSR achieved by other industries. Nevertheless, they can gain legitimacy on the basis of their CSR engagement at a transactional level, and so, by meeting their legal and ethical commitments and behaving with transparency and fairness, the integrity of the company can be ensured. We also argue that current failures in the implementation and control of CSR policies, the reliance on revenue from problem gamblers' losses, and controversial marketing activities appear to constitute the main obstacles in the prevention or minimisation of harm related to online gambling. As online gambling companies must be responsible for the harm related to their activities, we suggest that CSR policies should be fully implemented, monitored and clearly reported; all forms of advertising should be reduced substantially; and unfair or misleading promotional techniques should be banned. The industry should not rely on revenue from problem gamblers, nor should their behaviour be reinforced by marketing activities (i.e. rewards). We realise, however, that it is unrealistic to expect the online gambling industry to prioritise harm prevention over revenue maximisation. Policy makers and regulators, therefore, would need to become involved if the actions suggested above are to be undertaken. CSR is paramount to minimise harm and provide a healthier user experience in this business sector, but it also poses marketing dilemmas. We support a global collaborative approach for the online gambling industry, as harm related to gambling is a public health issue. (shrink)

Commercial genetic testing offered over the internet, known as direct-to-consumer genetic testing (DTC GT), currently is under ethical attack. A common critique aims at the limited validation of the tests as well as the risk of psycho-social stress or adaption of incorrect behavior by users triggered by misleading health information. Here, we examine in detail the specific role of advertising communication of DTC GT companies from a medical ethical perspective. Our argumentative analysis departs from the starting point that (...) DTC GT operates at the intersection of two different contexts: medicine on the one hand and the market on the other. Both fields differ strongly with regard to their standards of communication practices and the underlying normative assumptions regarding autonomy and responsibility. Following a short review of the ethical contexts of medical and commercial communication, we provide case examples for persuasive messages of DTC GT websites and briefly analyze their design with a multi-modal approach to illustrate some of their problematic implications. We observe three main aspects in DTC GT advertising communication: (1) the use of material suggesting medical professional legitimacy as a trust-establishing tool, (2) the suggestion of empowerment as a benefit of using DTC GT services and (3) the narrative of responsibility as a persuasive appeal to a moral self-conception. While strengthening and respecting the autonomy of a patient is the focus in medical communication, specifically genetic counselling, persuasive communication is the normal mode in marketing of consumer goods, presuming an autonomous, rational, independent consumer. This creates tension in the context of DTC GT regarding the expectation and normative assessment of communication strategies. Our analysis can even the ground for a better understanding of ethical problems associated with intersections of medical and commercial communication and point to perspectives of analysis of DTC GT advertising. (shrink)

Drug promotion should be evaluated according to its impact on health, access to information, informed consent, and wealth. Drug promotion currently does more harm than good to each of these objectives because it is usually misleading. This is a systemic problem. Whilst improved regulation and education will address it to some degree, major reforms to payment systems for drug companies and doctors are also required. Until all these systemic reforms can be put in place, the best policy option is (...) to ban the promotion of drugs to doctors and the public. Consequently, pending major reforms, it is appropriate for governments to restrict drug promotion as much as is politically achievable. (shrink)

Many factors contribute to the inappropriate use of medicines, including not only a lack of information but also inaccurate and misleading promotional information. This review examines how the promotion of pharmaceuticals directly affects the prescribing and use of medicines. We define promotion broadly as all actions taken directly by pharmaceutical companies with the aim of enhancing product sales. We look in greater detail at promotion techniques aimed at prescribers, such as sales representatives, pharmaceutical advertisements in medical journals and use (...) of key opinion leaders, along with the quality of information provided and the effects thereof. We also discuss promotion to the public, through direct-to-consumer advertising, and its effects. Finally, we consider initiatives to regulate promotion that come from industry, government and nongovernmental organizations. (shrink)

Corporations have scrambled to bring to market products positioned and advertised as addressing the needs of the environmentally-conscious consumer. The vast majority of claims presented in support of these products are best described, however, as confused, misleading or outright illegal. Ethical considerations have not yet been integrated into environmental marketing, and as a result, long-term harm on both the individual and societal level may result. A framework for reversing this trend is presented. It identifies the sequence of actions necessary (...) for the development and communication of ethical environmental marketing claims. The sequence is based upon two aspects of ethical theory: moral style and normative behavior. Specific implications for marketers'' actions at each stage in the sequence of framework development are also discussed. (shrink)

The evidence reveals that young children are targeted by food and beverage advertisers but are unable to comprehend the commercial context and persuasive intent of marketing. Although the First Amendment protects commercial speech, it does not protect deceptive and misleading speech for profit. Marketing directed at children may fall into this category of unprotected speech. Further, children do not have the same First Amendment right to receive speech as adults. For the first time since the Federal Trade Commission's original (...) attempt to regulate marketing to children in the 1970s , the political, scientific, and legal climate coalesce to make the time well-suited to reevaluate the FTC's authority for action. This paper analyzes the constitutional authority for the FTC to regulate television food marketing directed at children as deceptive in light of the most robust public health evidence on the subject. (shrink)

Paul Churchland's book (hereafter ER)is an entertaining and instructive advertisement for a "neurocomputational" vision of how the brain (and mind) works. While we agree with its general thrust, and commend its lucid pedagogy on a host of difficult topics, we note that such pedagogy often exploits artificially heightened contrast, and sometimes the result is a misleading caricature instead of a helpful simplification. In particular, Churchland is eager to contrast the explanation of consciousness that can be accomplished by his "aspiring (...) new structural and dynamic cognitive prototype: recurrent PDP networks" (p.266) with what strikes him as the retrograde introduction by Dennett of a virtual von Neumannesque machine--a "failed prototype"--as the key element in an explanation of human consciousness (in Consciousness Explained, 1991, hereafter, CE). We will try to show that by oversimplifying Dennett's alternative, he has taken a potential supplement to his own view--a much needed supplement--and transformed it in his imagination into a subversive threat. In part 1, we will expose and correct the mistaken contrasts. In part 2, we will compare the performance of the two views on Churchland's list of seven features of consciousness any theory must account for, showing that Dennett's account provides more than Churchland has recognized, and indeed offers answers to key questions that Churchland's account is powerless to address. At that point, Churchland's project and Dennett's could be seen to collaborate in a useful division of labor instead of being in mortal combat, were it not for what appears to be a fairly major disagreement about consciousness in non-human animals. Part 3 briefly examines this issue. It may be due to a misunderstanding, which when cleared up might restore the happy prospect of unification. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume's Essays on Happiness John Immerwahr The second volume of Hume's Essays, Moral and Political (1742) includes a set offour pieces on the sects, that naturally form themselves in the world. These essays, "The Epicurean," "The Stoic," "The Platonist," and "The Sceptic,"refer to the ancient philosophical schools, but their main purpose, according to Hume, is to describe four different ideas ofhuman life and ofhappiness. There is little discussion ofthese (...) works in the Hume literature, but Hume himself seemed to be rather fond of them. Although several early essays were dropped from later editions, this set reappears in every version of the Essays. Hume also invested unusual care in crafting these essays, "polishingthe sentences with such precision," according to Green and Grose, "that the subsequent editions made scarcely an alteration in their language." In this article I will argue that these essays do play a significant role in Hume's overall philosophical strategy, and that a close reading ofthem helps us fill out important aspects of Hume's moral philosophy. An Attractive Reading of the Four Essays In one of the few detailed discussions of these essays, Robert Fogelin presents one reading that has a good deal of initial plausibility. Fogelin's interpretation has several main points. First, he dismisses the importance of the first three essays and asserts that "despite certain particular points of agreement," these essays are "not expressive ofHume's own position." Secondly, he argues that the final essay, "The Sceptic," does represent Hume's own position, and that in this essay Hume presents himself"under the thinnest possible disguise." In effect, Fogelin'sinterpretation is that"The Sceptic"canbe profitably readinisolationfrom the first three. Finally, Fogelin sees "The Sceptic" as having roughly the same function as the Treatise ofHuman Nature. He sees "The Sceptic" as another technical philosophical work where Hume tries, in a somewhat different way, to work out the relationship between scepticism, morality, and the passions. It is not hard to see what makes this type of interpretation plausible. On stylistic grounds alone, there are reasons to dismiss the first three essays and focus attention primarily on "The Sceptic." The first three are quite brief and are written in a rhetorical and flowery style, whereas "The Sceptic" is longer (as long as the other three essays combined) and returns to Hume's normal prose style. Substantively, Volume XV Number 2 307 JOHN IMMERWAHR there are many doctrines in "The Sceptic" which, as Fogelin correctly points out, are reminiscent of Hume's other philosophical works. An Alternative Reading Despite the plausibility of this reading, I will defend an alternative interpretation. First, I will argue that the essays are intended to be read as a set. The four essays constitute a philosophical dialogue that consists offour closely related speeches; it is misleading to read one of the speeches out of the context of the dialogue as a whole. Secondly, I will try to show that none of the speakers represents Hume's own position. From Hume's point of view, all of the speeches make important points but also contain significant errors. Finally, I will argue that the purpose of these popular essays is different from the goal of technical philosophical works such as the Treatise. While the Treatise is intended to describe and analyze human nature, the purpose ofthese essays is therapeutic rather than analytic; they are designed to change rather than to inform the reader. In the next three sections I discuss these claims in detail. I. Hume's First Dialogue Taken together, the four essays can be read as Hume's first (but by no means last) effort in dialogue writing. The evidence that they were intended by Hume as a dialogue is drawn from what Hume says about them, from internal evidence, and from a comparison with their classical model, the dialogues of Cicero. For the most part, Hume wanted his readers to see his Essays as stand-alone pieces. In the Advertisement for the first volume Hume warns his readers that they must not look for any Connexion among these Essays, but must consider each ofthem as a Work apart. But both in the Advertisement to the second volume (where... (shrink)

Web 2.0 innovations may enhance informed patient decision-making, but also raise ethical concerns about inaccurate or misleading information, damage to the doctor-patient relationship, privacy and confidentiality, and health disparities. To increase the benefits and decrease the risks of these innovations, we recommend steps to help patients assess the quality of health information on the Internet; promote constructive doctor-patient communication about new information technologies; and set standards for privacy and data security in patient-controlled health records and for point-of-service advertising.

A mutual fund family incubates a fund when it creates a privately subsidized fund not available to the general investing public. It destroys unsuccessful incubator funds. The few successful funds will report higher incubation returns than the market return in advertisements intended to attract money from individual investors. This practice is currently allowed by the SEC. The evidence is that incubation returns are not a good predictor of subsequent fund performance and likely serve to mislead unsuspecting investors.

A mutual fund family incubates a fund when it creates a privately subsidized fund not available to the general investing public. It destroys unsuccessful incubator funds. The few successful funds will report higher incubation returns than the market return in advertisements intended to attract money from individual investors. This practice is currently allowed by the SEC. The evidence is that incubation returns are not a good predictor of subsequent fund performance and likely serve to mislead unsuspecting investors.

In this article I offer an analysis of harms associated with sexual objectification. Objectification can be benign, but harm tends to occur in three circumstances: (i) when objectification is non-consensual, (ii) when a phenomenon that I term ‘context-creeping’ occurs, and (iii) when the objectification is also enacting or reinforcing some kind of oppression. I defend the view that objectification is not always harmful, and I explain the popular intuition to the contrary by demonstrating that these three harm-generating circumstances are especially (...) prevalent. The phenomenon of ‘context-creeping’ objectification is introduced to capture what is intuitively wrong with much objectification in media and advertising. This phenomenon describes when instances of sexual objectification (which may be, in themselves, benign) regularly occur outside sexual contexts, in a way that reinforces particular rape myths and thereby contributes to harms. This means that the ubiquity of discussion of pornography in the objectification literature is misleading, and a shift in focus to other media is warranted. I end with a warning, though: we should be very careful in how we respond to these problems, as attempts to mitigate any harms associated with objectifying media can badly misfire. (shrink)

Paul Churchland's book is an entertaining and instructive advertisement for a "neurocomputational" vision of how the brain works. While we agree with its general thrust, and commend its lucid pedagogy on a host of difficult topics, we note that such pedagogy often exploits artificially heightened contrast, and sometimes the result is a misleading caricature instead of a helpful simplification. In particular, Churchland is eager to contrast the explanation of consciousness that can be accomplished by his "aspiring new structural and (...) dynamic cognitive prototype: recurrent PDP networks" with what strikes him as the retrograde introduction by Dennett of a virtual von Neumannesque machine--a "failed prototype"--as the key element in an explanation of human consciousness. We will try to show that by oversimplifying Dennett's alternative, he has taken a potential supplement to his own view--a much needed supplement--and transformed it in his imagination into a subversive threat. In part 1, we will expose and correct the mistaken contrasts. In part 2, we will compare the performance of the two views on Churchland's list of seven features of consciousness any theory must account for, showing that Dennett's account provides more than Churchland has recognized, and indeed offers answers to key questions that Churchland's account is powerless to address. At that point, Churchland's project and Dennett's could be seen to collaborate in a useful division of labor instead of being in mortal combat, were it not for what appears to be a fairly major disagreement about consciousness in non-human animals. Part 3 briefly examines this issue. It may be due to a misunderstanding, which when cleared up might restore the happy prospect of unification. (shrink)

Cause-related marketing, defined as a firm’s communication activities designed to promote a consumer good or service by including an offer to contribute a specified amount to a designated nonprofit cause, has become a preponderant practice. In tandem with the development of CrM activities, criticism of CrM has increased; critics note that some CrM claims mislead consumers regarding their purchases’ donative impact. Critics such as consumers and nonprofit advocates are using ad parodies, noncommercial messages that mimic an actual advertisement. In this (...) context, the study investigates how these ad parodies can result in a detrimental impact on consumers’ perceptual and behavioral evaluations of the sponsoring brand. By implementing a tightly controlled experiment comparing actual CrM campaigns and CrM parodies, the author shows that the detrimental effects of CrM parodies on brand attitude and word-of-mouth valence can be explained by greater skepticism toward the firm’s sincere and altruistic motivations. In addition, the author shows that a robust asymmetry emerges in which CrM ad parodies damage perceptual and behavioral evaluations of brands more than actual CrM campaigns improve them. The authors replicate the results for two kinds of critics and two types of brands. The results provide useful implications for theory and practice, documenting the backfire effect of poorly designed CrM, which may urge brands to move toward more self-regulation of CrM practices. (shrink)

ABSTRACT To what extent is honesty or truthfulness morally obligatory in trade and advertising practices? It is argued here what while we have a general right, in business as elsewhere, not to be lied to, we have no general right, either in our business or other pursuits, not to be deliberately deceived. Certain restrictions on deceptive practices in trade and advertising, even unintentionally deceptive practices, are, even so, morally defensible: viz. where the practice would mislead reasonable people to (...) a material degree or where it would mislead especially vulnerable people who are predictably unreasonable. It is suggested that a code of practice for trade and advertising which exaggerates the degree of truthfulness which is morally obligatory may actually be corrupting in effect. (shrink)

The marketing of unproven direct-to-consumer stem cell interventions is becoming widespread in Canada. There is little evidence supporting their use and they have been associated with a range of harms. Canada has been slower to act against clinics offering these interventions than other jurisdictions, including the United States. Here, we outline the regulatory and policy tools available in Canada to address this growing problem. Health Canada’s regulations governing cell therapies are complex, but recent statements make it clear that Health Canada (...) believes it has jurisdiction over many of the currently marketed stem cell interventions. Still, further regulatory clarity is needed from Health Canada, as are increased directed enforcement efforts on interventions that fall within their scope. The Competition Bureau, via the Competition Act, prohibits advertisers from making materially false or misleading promotional representations. The Competition Bureau could collaborate with the scientific community to analyze the claims of existing clinics in Canada, and impose sanctions upon those who breach the established standard. Professional regulators, including provincial colleges of physicians and surgeons, have considerable power over what products and services their members can offer. Every college of physicians in Canada requires, via policy and codes of ethics, that doctors maintain evidence-based practices. This requirement is incompatible with offering many unproven stem cell interventions. Litigation may be another tool, including the use of fraud, misrepresentation and/or negligence claims for failing to meet the required standard of care. Finally, political pressure on federal and provincial lawmakers could encourage changes to marketing, cell therapy and professional regulations that would allow a more comprehensive response. In sum, there are many existing tools that can be used to protect the public from unproven stem cell interventions. Increased bureaucratic will and grassroots efforts are needed in order to effect a positive policy response. (shrink)

Aesthetic medicine has become a booming industry in the world. However, there are widespread social and health risks posed by aesthetic medicine, including illegal practice, and misleading information from aesthetic medicine institutes. Social media and advertisement play important roles in leading to appearance anxiety among young people nowadays. Regarding the chaotic situation in the aesthetic medical field, there is a fact that the practice of aesthetic medicine has been marginally regulated, even in some developed countries. China has the largest (...) population in the world as well as the large number of aesthetic medical customers. Regarding the protection of people from harm, there is a great challenge for the Chinese government. So, China has enacted the toughest governance these years both on the supply and demand side. Some of the strategies may be useful for health authorities in certain countries. (shrink)

Abstract‘Dogwhistles’ and microtargeted political advertisements are objects of widespread moral and political concern. With a few notable exceptions in the case of dogwhistles (and none in the case of microtargeting) moral criticism of these speech act types generally focuses on problematic content—that a dogwhistle is, for instance, racist, or a microtargeted advertisement misleading. I argue that these practices are additionally morally wrongful on content-neutral grounds—regardless of their content. My argument proceeds from a deliberative conception of democracy according to which (...) only a vote which follows from an adequate deliberative process confers democratic legitimacy on its results. I claim that both dogwhistles and microtargeting threaten to prevent adequate democratic deliberation from taking place, and therefore that these practices are anti-democratic and, additionally, morally impermissible. I then discuss potential objections and how my argument relates to existing work. (shrink)

The cover letter is not the main text destined to be evaluated or published. The content of the cover letter is already overlapped and redundant with the article's abstract. Cover letters look like the ‘misleading’ commercial ads; as good or as bad as they might be, they do not change the inherent value of the advertised product. The significance of a manuscript should be manifest in the 200–300 words of its abstract and alongside the manuscript as a whole. The (...) aim of cover letter to impress editors, recruiters or hiring managers, would give only a false and ephemeral impression because the veritable, lasting, impression is that ulterior impression related to the innate value of the candidate (or the manuscript), not from a cover letter that ends in the trash. (shrink)

From the point of view of ethics, truthtelling is not a matter of speaking the truth but is rather a matter of speaking what one believes to be the truth. So too liars do not necessarily say what is false; they say what they believe to be false. Further, one can mislead without lying. An executive answering in the affirmative the question whether some employees are in excessive danger on the job will mislead if he knows that in fact most (...) employees are but does not say so. Yet he does not lie. Similarly there is no lie in an advertisement suggesting that those who use a certain product will win garner wealth and power. This article deals with the ethical and practical dimensions of truthtelling and lying only. (shrink)

A witty exploration of government newspeak, exaggerated advertising claims, misleading propaganda and other misnomers and how to combat them.