For all you Zmax fans ......... NAC

[Brett Dikeman]

On May 28, 2005, at 11:00 AM, LL - NY wrote:

> One would assume the actors and endorsers can plea ignorance.
>
> They could:    know nothing about automobiles, their function, etc.
> After all, they're
>                               professional actors, not auto  
> "technicians".

Good point- but IMHO they're not presenting themselves as actors.   
They're presenting themselves as members of the public, and  
recounting what they present as personal experiences.  The companies  
that did "testing" presented themselves as qualified industry testing  
facilities.

   The FTC transcript (I think?) lacked any subtitles to the effect  
of "professional actor"...just a "your results may vary".  If that  
story was handed to them, then claiming it was their experience on TV  
for the purpose of selling a product seems like fraud to me, and they  
were fully aware they were doing so.  I guess the actors can claim  
"they said they were going to put 'professional actor' at the bottom  
of the screen", but unless that's in writing in the contract, they'd  
have a hard time proving this.

Of course, neither of us are lawyers, we just play ones on a mailing  
list :-)

(reminds me of Barney Frank: "We're not just doctors, we play them on  
C-SPAN!")

Brett
--
"They that give up essential liberty to obtain temporary
safety deserve neither liberty nor safety." - Ben Franklin
http://www.users.cloud9.net/~brett/