For a long time, Michelle used Sun-stroke, a lanolin-based cream, on her skin af

Question

For a long time, Michelle used Sun-stroke, a lanolin-based cream, on her skin after being outside in the sun. Sun-stroke advertised that it would keep skin looking young. Nevertheless, after ten years of use, Michelle saw that her skin was in fact aging, and she wanted to sue the manufacturer of Sun-stroke for false advertising.

The manufacturer argued that while Sun-stroke did moisturize and cleanse the skin, but that no one can seriously believe that a creme could actually prevent aging, and this is not what the ads said.

Which of the following is most correct?

This is not false advertising, because a reasonable consumer would understand that the creme might be helpful but would not stop normal aging.

This is not false advertising, because the ad did not say that it would keep skin looking young

This is false advertising, because even though a reasonable person would not expect it to completely stop aging, a less sophisticated consumer like Michelle could conclude that it would stop aging, and the advertising has to be written for the least sophisticated consumer.

This is false advertising because it says that it will keep skin young, and it does not do that.

This is not false advertising, because a reasonable consumer would understand that the creme might be helpful but would not stop normal aging.

This is not false advertising, because the ad did not say that it would keep skin looking young

This is false advertising, because even though a reasonable person would not expect it to completely stop aging, a less sophisticated consumer like Michelle could conclude that it would stop aging, and the advertising has to be written for the least sophisticated consumer.

This is false advertising because it says that it will keep skin young, and it does not do that.

Explanation / Answer

This is not false advertising, because a reasonable consumer would understand that the creme might be helpful but would not stop normal aging.

This is not false advertising, because a reasonable consumer would understand that the creme might be helpful but would not stop normal aging.

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