Question 1

Which of the following is not one of the general purposes of the statutes regulating the manufacture,processing,distribution,and sale of food?

Accepted Answer

A)  ensuring the wholesomeness of foods 
B)  ensuring that consumers receive value for the price of the food 
C)  providing accuracy in labeling and packaging 
D)  preventing injury to health 
A)  ensuring the wholesomeness of foods 
B)  ensuring that consumers receive value for the price of the food 
C)  providing accuracy in labeling and packaging 
D)  preventing injury to health B

Question 2

The Consumer Product Safety Commission is empowered to do all of the following except:

Accepted Answer

A)  adopt rules and regulations to interpret and enforce the Consumer Product Safety Act 
B)  conduct research on the safety of consumer products 
C)  issue comparative safety ratings of competing products 
D)  order a manufacturing to recall,repair,or replace a dangerous product or take other corrective action 
E)  the Consumer Product Safety Commission can do all of the above 
A)  adopt rules and regulations to interpret and enforce the Consumer Product Safety Act 
B)  conduct research on the safety of consumer products 
C)  issue comparative safety ratings of competing products 
D)  order a manufacturing to recall,repair,or replace a dangerous product or take other corrective action 
E)  the Consumer Product Safety Commission can do all of the above C

Question 3

Which of the following situations would not be deceptive under Section 5 of the Federal Trade Commission Act?

Accepted Answer

A)  A shaving cream manufacturer uses Plexiglas covered with sand to represent sandpaper in demonstrating its product,without disclosing that the Plexiglas is not sandpaper. 
B)  An ice cream manufacturer uses scoops of mashed potatoes to represent ice cream in its commercials,because ice cream melts too fast. 
C)  An ice cream manufacturer uses scoops of mashed potatoes to represent ice cream in its commercials,and then shows a close-up of the potatoes and mentions how rich the ice cream looks. 
D)  A mouthwash manufacturer states that its product helps prevent colds,but there is not evidence to support this. 
A)  A shaving cream manufacturer uses Plexiglas covered with sand to represent sandpaper in demonstrating its product,without disclosing that the Plexiglas is not sandpaper. 
B)  An ice cream manufacturer uses scoops of mashed potatoes to represent ice cream in its commercials,because ice cream melts too fast. 
C)  An ice cream manufacturer uses scoops of mashed potatoes to represent ice cream in its commercials,and then shows a close-up of the potatoes and mentions how rich the ice cream looks. 
D)  A mouthwash manufacturer states that its product helps prevent colds,but there is not evidence to support this. B

Question 4

Which of the following is not one of the acts or amendments administered by the FDA?

Accepted Answer

A)  the Pesticide Amendment of 1954 
B)  the Food Additives Amendment of 1958 
C)  the Preservatives Act of 1959 
D)  the Color Additives Amendment of 1960 
E)  the Animal Drug Amendment of 1968 
A)  the Pesticide Amendment of 1954 
B)  the Food Additives Amendment of 1958 
C)  the Preservatives Act of 1959 
D)  the Color Additives Amendment of 1960 
E)  the Animal Drug Amendment of 1968

Question 5

Advertising is false and deceptive if it makes an unsubstantiated claim.

Accepted Answer

A) True 
 B)False

Question 6

Over which of the following products does the FDA not have jurisdiction to regulate?

Accepted Answer

A)  prescription drugs 
B)  aspartame,the sweetening agent in Nutra-Sweet 
C)  cigarettes 
D)  artificial hearts 
E)  lipstick 
A)  prescription drugs 
B)  aspartame,the sweetening agent in Nutra-Sweet 
C)  cigarettes 
D)  artificial hearts 
E)  lipstick

Question 7

The FDCA is administered by the U.S.Department of Health.

Accepted Answer

A) True 
 B)False

Question 8

The standard of whether advertising is false and deceptive is whether it would mislead:

Accepted Answer

A)  a reasonable person with a ninth-grade level of education 
B)  the particular plaintiff in the lawsuit 
C)  a reasonable consumer 
D)  a consumer sophisticated in the type of product that was advertised 
A)  a reasonable person with a ninth-grade level of education 
B)  the particular plaintiff in the lawsuit 
C)  a reasonable consumer 
D)  a consumer sophisticated in the type of product that was advertised

Question 9

Steven owns his own home.Carl is a salesperson for the A-1 Home Improvement Company.Carl comes to Steven's house,without invitation,and sells Steven some replacement windows on credit.Steven uses his house as collateral for these windows.Later,Steven decides that he does not want the windows.Which of the following best describes Steven's possible actions?

Accepted Answer

A)  Steven has 3 business days to cancel the contract. 
B)  Steven has 7 business days to cancel the contract. 
C)  If A-1 failed to notify Steven of his right to cancel the contract,Steven has 2 years to cancel the contract. 
D)  Steven is liable under the contract; he has no right to cancel the contract. 
A)  Steven has 3 business days to cancel the contract. 
B)  Steven has 7 business days to cancel the contract. 
C)  If A-1 failed to notify Steven of his right to cancel the contract,Steven has 2 years to cancel the contract. 
D)  Steven is liable under the contract; he has no right to cancel the contract.

Question 10

The regulation of pacemakers,kidney dialysis machines,and so forth is not governed by the FDA.

Accepted Answer

A) True 
 B)False

Question 11

If a food product is found to be imminently hazardous,which of the following actions are not remedies that the FDA may pursue?

Accepted Answer

A)  require a recall 
B)  seize the products 
C)  seek civil penalties 
D)  seek criminal penalties 
E)  force the dissolution of the offending company 
A)  require a recall 
B)  seize the products 
C)  seek civil penalties 
D)  seek criminal penalties 
E)  force the dissolution of the offending company

Question 12

The FDA has the power to obtain search warrants,conduct inspections,and obtain orders for seizure of products.

Accepted Answer

A) True 
 B)False

Question 13

The United States has agreed to the United Nations-sponsored Biosafety Protocol.

Accepted Answer

A) True 
 B)False

Question 14

Eye shadow and other cosmetics are subject to FDA regulation.

Accepted Answer

A) True 
 B)False

Question 15

Which of the following practices is not a bait and switch?

Accepted Answer

A)  Running out of the advertised product because the high demand was not anticipated. 
B)  Refusing to show customers the advertised product. 
C)  Discouraging employees from selling the advertised product. 
D)  Not having adequate supplies of the advertised product on hand. 
A)  Running out of the advertised product because the high demand was not anticipated. 
B)  Refusing to show customers the advertised product. 
C)  Discouraging employees from selling the advertised product. 
D)  Not having adequate supplies of the advertised product on hand.

Question 16

A private party may not sue to prevent violations of the CPSC rules and regulations.

Accepted Answer

A) True 
 B)False

Question 17

Under the federal rules regulating food and drugs,which of the following is true?

Accepted Answer

A)  Food must be pure 100 percent before it can be sold to consumers. 
B)  Food may contain certain impurities,such as insect parts,as long as it is not adulterated. 
C)  If a food contains impurities,such as insect parts,these impurities must be disclosed on the food label. 
D)  All food must be inspected by the government before it is sold. 
E)  Food labels must contain a notice that all impurities cannot be eliminated. 
A)  Food must be pure 100 percent before it can be sold to consumers. 
B)  Food may contain certain impurities,such as insect parts,as long as it is not adulterated. 
C)  If a food contains impurities,such as insect parts,these impurities must be disclosed on the food label. 
D)  All food must be inspected by the government before it is sold. 
E)  Food labels must contain a notice that all impurities cannot be eliminated.

Question 18

When was the Food,Drug,and Cosmetic Act passed?

Accepted Answer

A)  1906 
B)  1933 
C)  1938 
D)  1946 
E)  1970 
A)  1906 
B)  1933 
C)  1938 
D)  1946 
E)  1970

Question 19

Which of the following is not true about door-to-door sales in most states?

Accepted Answer

A)  In order to cancel a sale,the consumer must send a notice to the seller. 
B)  There are protections for consumers because of the high pressure used in some door-to-door sales. 
C)  The consumer usually has a reasonable time to cancel the sale. 
D)  The salesperson must permit cancellation of the sale if the consumer gives notice within the appropriate time. 
A)  In order to cancel a sale,the consumer must send a notice to the seller. 
B)  There are protections for consumers because of the high pressure used in some door-to-door sales. 
C)  The consumer usually has a reasonable time to cancel the sale. 
D)  The salesperson must permit cancellation of the sale if the consumer gives notice within the appropriate time.

Question 20

A furniture store in a college town advertised a convertible futon sofa sleeper as "Big enough to sleep two people; nice oak finish; wide choice of fabrics; $199." Bob is interested in the item and goes to the store.When he arrives at the store he is told that there are only a few left and that there wasn't one set up.The salesperson says that he does not know where the ones in the warehouse are and that it will take a while to locate them.The salesperson tries to interest Bob in some of the more expensive models in the showroom,but Bob is not interested.Finally,Bob is able to see the $199 model.Even when opened out as a bed,it is several inches narrower than a full-size mattress.In addition,the finish on the wood is poorly applied.Lastly,Bob is told that the only fabric colors are white,gray,and black,and that they are currently out of stock on the gray and white.Has the store violated Federal Trade Commission regulations?

Accepted Answer

This is probably a bait-and-switch schem

Exam 44: Consumer Protection and Product Safety

Which of the following is not one of the general purposes of the statutes regulating the manufacture,processing,distribution,and sale of food?

The Consumer Product Safety Commission is empowered to do all of the following except:

Which of the following situations would not be deceptive under Section 5 of the Federal Trade Commission Act?

Which of the following is not one of the acts or amendments administered by the FDA?

Advertising is false and deceptive if it makes an unsubstantiated claim.

Over which of the following products does the FDA not have jurisdiction to regulate?

The FDCA is administered by the U.S.Department of Health.

The standard of whether advertising is false and deceptive is whether it would mislead:

The regulation of pacemakers,kidney dialysis machines,and so forth is not governed by the FDA.

If a food product is found to be imminently hazardous,which of the following actions are not remedies that the FDA may pursue?

The FDA has the power to obtain search warrants,conduct inspections,and obtain orders for seizure of products.

The United States has agreed to the United Nations-sponsored Biosafety Protocol.

Eye shadow and other cosmetics are subject to FDA regulation.

Which of the following practices is not a bait and switch?

A private party may not sue to prevent violations of the CPSC rules and regulations.

Under the federal rules regulating food and drugs,which of the following is true?

When was the Food,Drug,and Cosmetic Act passed?

Which of the following is not true about door-to-door sales in most states?

Legal Heritage and the Information Age

Court Systems and Jurisdiction

Judicial, Alternative, and Online Dispute Resolution

Constitutional Law for Business and E-Commerce

Intentional Torts and Negligence

Strict Liability and Product Liability

Intellectual Property and Cyber Piracy

Criminal Law and Cyber Crimes

Nature of Traditional and E-Contracts

Agreement

Consideration and Promissory Estoppel

Capacity and Legality

Genuineness of Assent and Undue Influence

Statute of Frauds and Equitable Exceptions

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

Internet Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Sales and Lease Warranties

Creation of Negotiable Instruments

Transferability and Holder In Due Course

Liability,Defenses and Discharge

Checks, the Banking System, and E-Money

Creditor's and Debtor's Rights

Secured Transactions and Electronic Filing

Bankruptcy and Reorganization

Agency Formation and Termination

Liability of Principals, Agents, and Independent Contractors

Employment,Worker Protection,and Immigration Laws

Labor Law and Collective Bargaining

Equal Opportunity in Employment

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Corporate Governance and the Sarbanes Oxley Act

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Limited Liability Companies and Limited Liability Partnerships

Franchises and Special Forms of Business

Investor Protection and Online Securities Transactions

Ethics and Social Responsibility of Business

Administrative Law and Regulatory Agencies

Environmental Protection and Global Warming

Antitrust Law and Unfair Trade Practices

Personal Property and Bailment

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Landlord Tenant Law and Land Use Regulation

Insurance

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