JKL has a product for elderly individuals who are on their own, who might have a safety or health issue. The product ads indicate that the device, when activated, makes direct contact with emergency personnel, and provides them with the location of the elderly person. However, in actuality, there is an intermediate system of monitors who must notify emergency personnel. The Federal Trade Commission:

  can pursue criminal penalties against JKL
  has the authority to issue an injunctive cease and desist order for JKL’s ads based upon the perception that there is direct contact with the law enforcement/emergency providers


  as JKL is merely exercising its constitutional free speech rights, has no authority to take action against the ads
  none of the above




A customer notices a worm on his/her spoon while eating a cup of chili. The customer might most likely recover under the theory of:

  implied warranty of fitness for a particular purpose


  implied warranty of merchantability
  an express warranty



  none of the above, as there was no privity