UNFAIR ADVERTISING AND THE FTC - STRUCTURAL EVOLUTION OF THE LAW AND IMPLICATIONS FOR MARKETING AND PUBLIC-POLICY

The Federal Trade Commission's power over 'unfair' advertising (and ot her marketing practices) is of major importance to marketers, advertis ing agencies, and public policymakers. This power has undergone two ma jor structural changes. First, the definition of unfairness is now cod ified. Second, the ban on industry-wide regulations is now lifted. The author analyzes the structural evolution of the law, namely, the back ground, debate, and changes to the law, and concludes with implication s for public policy and marketing.