#15 - Consumer advocate: Under the current absence

[jschutsky]

Hi,

Could I get an explanation why answer "c" is incorrect, and why answer "A' in correct.
Appreciate any help.

Thank you,

Jeff

[Dave Killoran]

Hi Jeff,

I've always liked this question quite a bit, and it's a fine example of how PowerScore's Agree/Disagree Test works in Point At Issue questions.

Let's start with (C): In this case, both speakers agree that "fresh" commonly means pure an unprocessed. The Consumer Advocate states that, "Since "fresh" as applied to food products is commonly understood to mean pure and unprocessed." And the Manufacturer also believes that that definition is the standard one, as indicated by the statement that "Using words somewhat differently than they are commonly used is not deceptive. After all, "fresh" can also mean never frozen."

Answer choice (A): This is the correct answer choice, and the Consumer Advocate agrees with the statement, as indicated by the comments that using "fresh" in a different way than the common understanding is deceptive. The Manufacturer, however, disagrees with this answer choice, as indicated by the statement that, "Using words somewhat differently than they are commonly used is not deceptive." Since the Consumer Advocates agrees with (A) but the Manufacturer disagrees with (A), this answer is a point of issue between the two speakers, and is thus correct.

This is a great problem overall since it shows how specific you have to be with these PI questions. It also shows how the Agree/Disagree Test can help isolate each speaker's comments in relation to each answer choice. That helps keep you focused on the value of each answer and whether or not it meets the criteria of a correct answer.

Last comment: always keep in mind that the "issue" between the two speakers can be a major one or a minor one. the correct answer does not have to revolve around the central issue in the discussion, and could instead be something relatively unimportant in the overall scheme of things between the two speakers.

Please let me know if that helps. Thanks!

[biskam]

I'm struggling a bit with how I can prove that the Manufacturer disagrees with choice A... I think it might be because I'm struggling with the language used in choice A (maybe bc of the use of the word "arbiter" in context--I know it means one who settles disputes)

The manufacturer is saying that it's not deceptive to use words differently than they're commonly understood. But how would that lead me to think that the manufacturer doesn't think that common understanding is the arbiter of deceptive labeling practices? Does he/she think there's something else to deceptive practices?

Thank you!

[Adam Tyson]

Think of "arbiter" as meaning "the one that decides" or "the deciding factor". Now, does the manufacturer disagree that common usage should be the deciding factor for what is or is not deceptive? Clearly he does, because he states in his first sentence that it is not deceptive to use a word differently from the way it is commonly used. That means he must think that something other than common usage must be the deciding factor in determining what is or is not deceptive.

Your understanding of the meaning of arbiter is good enough to get you there, so well done! You don't need to worry about what the manufacturer thinks SHOULD be the deciding factor; it's enough to know that he thinks common usage is NOT that factor.

[Legallyconfused]

Hi!

I struggled with choosing (A) and ultimately chose (D) because I could not get over the fact that the word "should" was not in answer (A). Looking back, I should have realized that B-E were all obviously incorrect and settled for (A). But the fact that I couldn't tell that the Manufacturer would disagree with this statement made me unsure.

In my own words (A) would say:
(A) (Gov't standards being absent) Common understanding is the deciding factor of what is considered deceptive labeling.

-I obviously see that the Consumer Advocate would agree with this.
-The Manufacturer, however, did not tell us what factors would decide what is deceptive. Only that not using common understanding does not lead to deception.

I guess I should have taken that to mean that the Consumer Advocate did not think common understanding can decide what is deception. Right?

Thanks!

[KelseyWoods]

Hi Legallyconfused!

The Manufacturer doesn't have to tell us what he thinks should be the deciding factor in determining whether labeling is deceptive for us to know that he disagrees that "common understanding" should be the deciding factor. As you stated, the manufacturer tells us that not using common understanding does not lead to deception. Therefore, the manufacturer does not think we should use common understanding as the deciding factor to determine whether a statement is deceptive or not because even terms used differently from the common understanding should not lead us to automatically decide a label is deceptive.

Hope this helps!

Best,
Kelsey