| Abstract: | The current movement toward market deregulation in the United States is perhaps no better illustrated than by the proposals put forth by the Chairman of the Federal Trade Commission (FTC), James C. Miller, III. His far reaching suggestions would alter considerably the approach taken by the FTC toward the regulation of advertising. This paper reviews the current standards of deception in advertising regulation and compares them with Miller's proposals for new standards. Two recent cases settled under the current guidelines are presented. The probable outcome of these cases under the proposed guidelines is examined by employing a framework proposed by Miller and Hutt for analyzing the effects of regulatory policy. Based on that examination, the authors conclude that the current standards have allowed federal and state agencies to bring about elimination of false advertising claims that would not be possible to prove under the proposed guidelines. While the proposed changes may bring certain benefits to government, business, and consumers, their most significant effect could be to reintroduce the rule of caveat emptor. |
