The role of consumer research in evaluating deception: an economist's perspective

Article Abstract:

Further research should be conducted to establish an explicit empirical basis for the use of controlled copy tests to determine the degree of deception in deceptive advertising cases. While economists have advocated for the increased presence of economics in consumer protection, there is little research available on the merits of copy tests. There is already a certain level of agreement between economists and market researchers regarding the value of empirical research, the benefits of controlled data, and the need to investigate the effects of proposed remedies.

Market surveys

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"Compared to what?" The use of control ads in deceptive advertising litigation

Article Abstract:

The issue of how to construct a control ad for use in a deceptive advertising case has less to do with proper consumer survey techniques and more to do with the policy goals of false advertising laws. Control ads are presented to groups of consumers to determine the effect of allegedly deceptive statements. The percentage of consumers that need to be deceived, the treatment of preexisting biases, and the choice of type of control ad are all policy questions that the trial court needs to consider.

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