Final answer:
The licensee is responsible for the statements and representations made in their advertising, as enforced by the FTC and specific state laws for certain professions.
Step-by-step explanation:
In the context of advertising and promotion, a licensee who retains or hires others to promote their practice is ultimately responsible for the statements and representations made. This responsibility is rooted in various regulations and legal precedents that dictate the conduct of businesses and professionals regarding advertising. For example, the Federal Trade Commission (FTC) plays a key role in checking the factual claims about the products' performance and takes action against untrue facts in advertising. Furthermore, specific industries, like legal services, have additional regulations by state authorities on how lawyers can advertise their services.
It is also noteworthy that laws like the Bipartisan Campaign Reform Act of 2002 require candidates to stand by their ads. The legislative efforts and court rulings reflect an environment where the inherent caveat emptor (let the buyer beware) principle applies, but also where there are mechanisms in place to protect consumers from outright fraudulent statements.