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Public Policy and Consumer
Protection
What is public policy?
Government intervention in the process
or outcome of marketing exchanges
which policymakers believe will benefit
society as a whole.
 New policies usually result from:
 Marketplace abuses
 Need for economic or social welfare

The Public Trusts Who?
Percentage of Public Who Respond That
Issue
Invest in new
products/services
ТBusiness
will doУ
65%
vs ТGovernment must watchУ
31%
Advertise honestly
29%
65%
Make safe
products/services
25%
71%
Not engage in
price fixing
15%
79%
Clean up air and
water pollution
11%
85%
Types of Government
Interventions

Regulation

Consumer education

Incentives
Regulation

Effectiveness of government regulation
is inconsistent
 Consumers end up bearing costs of
regulation
 Requires cost vs. benefit analysis
 Regulation does not always help the
original intent
 Because not based on consumer
research
Regulatory Agencies
FTC
 FDA
 EPA
 SEC
 Local governments

Framework for Determining
Regulation
Stage 1
Is government intervention
appropriate?
No
Yes
Stage 2
Apply 3 key principles:
Incentive compatibility
First Amendment protection
Communication effectiveness
Stage 3
Select the form of remedy
from the “remedies continuum”
Remove
restraints
Least Restrictive
Enhance
information
flow
Restrict
information
flow
Most Restrictive
DROP!
Deceptive Advertising
Unfair ad
 The advertiser witholds information
which could result in injuries to
consumers
 Deceptive ad
 Contains explicit or implied claims or
omissions which are likely to “mislead
a consumer acting reasonably under
the circumstances”

Three Categories of Deception

Unconscionable lies
 Completely false claims made
intentionally

Claim/fact discrepancies
 Some relevant qualifications of a
claim are omitted, resulting in
misrepresentation

Claim/belief discrepancies
 No deceptive claim is made, but a
deceptive belief is created
What’s done about deceptive
advertising?

Corrective ads
Consumer Education

Provide better product information to
protect against market abuse
 labeling
Incentives

Encourage certain types of consumer
behaviors by offering them incentives
 Rebates
 Tax deductions
Socially Responsible
Marketing

Marketplace works best when it’s free
and is being socially responsible.