| Summary: | 碩士 === 國立成功大學 === 法律學系 === 104 === With the rise of industrial and commercial activities, the way of trading is becoming complex. In order to attract consumers and convey the messages about product, service, and brand to them to earn the trading opportunities, enterprise invents all kinds of advertisement. Among the new advertisement, Endorsements and Testimonials use the third person as the main character, who expresses his or her opinions, trusts, findings or experiences about the commodity or service. And the endorser can be divided in to four kinds of person: celebrity, expert, organization and consumer. With the advance of technology, the media of endorsements and testimonials can also be seen on internet. Therefore social networking sites are essential in on-line marketing or e-marketing.
Law is the doctrine of social life, and it has to be catched up with time to reflect the current social fact. Thus, people’s right can be well protected and the society will be stable. In order to find whether the current law is suitable for our society, the thesis is trying to use the perspective of marketing, advertising, psychology, and consumer behavior to explore whether legislators mistaken the fact. The thesis will analyze the representative and important cases with American related legislation.
I found Fair Trade Commission use Administrative Penalty as the endorser’s administrative liability, and it is not appropriate because deceptive or misleading endorsements are excluded. Therefore, it is hard to achieve the goal to protect consumer’s interests. Besides, I also found the legislator misunderstood Act 21 in Fair Trade Act, thus it could be harder to define being famous and getting reward. As to Interests connection disclose, in order to avoid chilling effect, the range of interest should be restricted within the interest rising from the endorsement.
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