The Magic Cafe Forums - At what point does "artistic license" become false advertising?

Quote:

On Sep 1, 2015, Slackerking wrote:
Here's an interesting older article from 2013 about some nutty things that are legal in advertising.

http://www.cracked.com/article_19485_5-o......you.html

And yes you're correct about disclaimers but almost all disclaimers are about harmful side effects which magic doesn't have, or hidden fees and rates which magic doesn't have, or in some cases that you may not get the same results. I'm not really sure how disclaimers like that would help anyone in magic but if that would help make better purchases then I'm all for it. However I doubt very much any lawyer would take, much less win a case about violation of truth in magic advertising. Wording is subjective, that's the trick with advertising.

I feel like the big difference is that when a company shows something in a supposedly real-life situation, it should perform that way.

From the article:
"No consumer could reasonably be misled into thinking that Vitaminwater is a healthy beverage."

Do you think that's equivalent to:

No consumer could reasonably be misled into thinking that our trailer, where we went to great lengths to make it look like it was a real-life performance, was actually total BS and the product we are selling can not actually do what we showed it doing in what appeared to be a live performance?

Also, there still seems to be a huge disconnect between me greatly disliking misleading trailers, and saying that the product is absolute crap.

I refuse to support a company that REPEATEDLY goes out of their way to lie to me. That doesn't mean that the products are absolute crap. It means that I choose to not support a company like that and think that the magic community would be a lot better off without them. It's not like they are developing things that wouldn't be brought to market if they didn't exist.

Also, FWIW, I don't take everything literally. But when I'm complaining about what appears to be a real-life performance, and you offer a car ad showing the car going 200mph as a counter-argument, it seems to me that you are saying that you've seen a car ad where it would appear that a car can actually go 200mph.

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ReviewerMaster Veteran user 307 Posts	Posted: Sep 1, 2015 06:52 pm 1 I take no sides. But isn't that why there's 'live' segment in most magic trailers? So you get to see the trick in action and decide for yourself? I for one wouldn't believe pitch or artistic shots in an advertisement. Not just in magic but everything.
barts185 Inner circle Can you believe I've been wrong on 1355 Posts	Posted: Sep 2, 2015 12:21 am 0 Quote: On Sep 1, 2015, Slackerking wrote: Here's an interesting older article from 2013 about some nutty things that are legal in advertising. http://www.cracked.com/article_19485_5-o......you.html And yes you're correct about disclaimers but almost all disclaimers are about harmful side effects which magic doesn't have, or hidden fees and rates which magic doesn't have, or in some cases that you may not get the same results. I'm not really sure how disclaimers like that would help anyone in magic but if that would help make better purchases then I'm all for it. However I doubt very much any lawyer would take, much less win a case about violation of truth in magic advertising. Wording is subjective, that's the trick with advertising. I feel like the big difference is that when a company shows something in a supposedly real-life situation, it should perform that way. From the article: "No consumer could reasonably be misled into thinking that Vitaminwater is a healthy beverage." Do you think that's equivalent to: No consumer could reasonably be misled into thinking that our trailer, where we went to great lengths to make it look like it was a real-life performance, was actually total BS and the product we are selling can not actually do what we showed it doing in what appeared to be a live performance? Also, there still seems to be a huge disconnect between me greatly disliking misleading trailers, and saying that the product is absolute crap. I refuse to support a company that REPEATEDLY goes out of their way to lie to me. That doesn't mean that the products are absolute crap. It means that I choose to not support a company like that and think that the magic community would be a lot better off without them. It's not like they are developing things that wouldn't be brought to market if they didn't exist. Also, FWIW, I don't take everything literally. But when I'm complaining about what appears to be a real-life performance, and you offer a car ad showing the car going 200mph as a counter-argument, it seems to me that you are saying that you've seen a car ad where it would appear that a car can actually go 200mph. www.theamazingbart.com
Danny Kazam Inner circle 1516 Posts	Posted: Sep 28, 2015 04:31 pm 0 The only way to fix it is to report misleading and false advertising. I have reported illegal marketing tactics to the consumer protection board as well as the FDA with satisfying results. The companies I reported are some of the biggest dealers in our industry. Keep your dreams alive. Understand to achieve anything requires faith and belief in yourself, vision, hard work, determination, and dedication. Remember all things are possible for those who believe.
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