Case Histories - Market Research Data in Deceptive Advertising Cases (From Use/Nonuse/Misuse of Applied Social Research in the Courts, 1980, P 98-106, Michael J Saks and Charles H Baron, ed. - See NCJ-75219)

• NCJ Number: 75228
• Author(s): P Rossi; J Mitchell
• Date Published: 1980
• Length: 9 pages
• Sale Source: Abt Books
• Language: English
• Country: United States of America

Annotation

The use of market research data in deceptive advertising cases creates special problems for expert witnesses.

Abstract

With the increase in consumer protection laws at the Federal and State levels, market analysis is playing a larger role in litigation. An expert witness discussed the problems of testifying in three cases before the Federal Trade Commission Administrative Law Courts, involving Wonder Bread, Listerine, and analgesics (Anacin, Excedrin, Bufferin). In these cases, the questions were whether the advertising was accurate and whether the advertising had any effect upon consumers. The expert witness found that the effective didactic methods employed in teaching could not be used in court because all the evidence had to be brought forth by questioning. This restriction made balanced testimony difficult. Furthermore, witnesses are supposed to be impartial, but this is not really the case. It was suggested that expert witnesses prepare simple analyses that will communicate ideas understandable to everyone who has to understand them, even presenting judges with simple, written summaries of evidence. A group discussion follows, focusing on the pros and cons of contingency fees for expert witnesses and ethical issues. No references are given.