| December 10, 2015

Miracle-Low Products offers a weight belt that it asserts will help users lose weight. The advertising says that a test group lost an average of 25 pounds in a controlled test. However, the state prohibited the advertising on the grounds that the controlled test actually used employees of the company who wore the belts, but who also limited food intake drastically to achieve the weight loss. If Miracle-Low sues the state, will it win and be allowed to publish the test results?

Yes, if the court finds that the test and advertising is not explicitly or inherently misleading commercial speech.

Yes, if the employees did actually lose the weight as advertised.

No, because commercial speech is not protected.

No, because Commercial Free Speech is not protected.

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