NCJ Number
53604
Journal
NOTRE DAME LAWYER Volume: 54 Issue: 1 Dated: (OCTOBER 1978) Pages: 73-101
Date Published
1978
Length
29 pages
Annotation
AN OBJECTIVE TEST FOR DETECTING DECEPTIVE ADVERTISING AND DETERMINING WHETHER CORRECTIVE ADVERTISING HAS ACCOMPLISHED ITS PURPOSE IS PROPOSED.
Abstract
THE METHODS USED BY THE FEDERAL TRADE COMMISSION (FTC) TO DETECT AND PROVE DECEPTIVE ADVERTISING ARE REVIEWED BRIEFLY. THE HISTORY OF AND AUTHORITY FOR THE FTC'S CONTROVERSIAL USE OF CORRECTIVE (REMEDIAL) ADVERTISING ARE EXAMINED. IT IS CONCLUDED THAT THE FTC HAS BEEN SUBJECTIVE IN ITS DETECTION AND CORRECTION EFFORTS AND THAT, ALTHOUGH GREATER OBJECTIVITY HAS BEEN ADVOCATED, NO OBJECTIVE METHOD HAS BEEN PROPOSED. AN EXPERIMENTAL STUDY ILLUSTRATING AN APPROACH TO OBTAINING OBJECTIVE MEASURES OF DECEPTION IS DECRIBED, AND IMPLICATIONS OF THE STUDY'S METHODS AND FINDINGS FOR THE FTC ARE DISCUSSED. THE STUDY INVOLVED EXPOSING EXPERIMENTAL SUBJECTS (COLLEGE STUDENTS) TO FILMED ADVERTISEMENTS AND DETERMINING, PRIMARILY THROUGH USE OF A MEASURE CALLED THE SALIENT DECEPTION SCORE (SDS), THE EXTENT TO WHICH THE ADVERTISEMENTS INFLUENCED SUBJECTS' PERCEPTIONS OF THE PRODUCTS BEING ADVERTISED. THE FTC IS URGED TO USE CONSUMER SURVEYS DESIGNED TO YIELD SDS'S TO DETECT AND CORRECT DECEPTIVE ADVERTISING. SUCH SURVEYS WOULD BE USEFUL IN ASSESSING THE DECEPTIVENESS OF A SUSPECTED ADVERTISEMENT, IN DETERMINING WHICH CASES REQUIRE REMEDIAL STEPS, IN ESTABLISHING REQUIREMENTS FOR CORRECTIVE ADVERTISEMENTS, AND IN EVALUATING THE EFFECTIVENESS OF CORRECTIVE ADVERTISEMENTS. IT IS CONCLUDED THAT AN OBJECTIVE APPROACH WOULD IMPROVE ADVERTISING REGULATION, CONSUMER PROTECTION, BUSINESS PRACTICES, ADVERTISING EFFECTIVENESS, AND THE PUBLIC IMAGE OF MARKETING. SUPPORTING DATA FROM THE EXPERIMENT ARE INCLUDED.