NCJ Number
48811
Date Published
1975
Length
707 pages
Annotation
THE HYPOTHESIS THAT THE FEDERAL TRADE COMMISSION (FTC) HAS BECOME AN INCREASINGLY CONSUMER-ORIENTED AGENCY IS EXPLORED IN AN ANALYSIS OF THE COMMISSION'S HISTORY.
Abstract
THE STUDY EXAMINES THE INITIAL FTC ACT AND SUBSEQUENT ACTS TO DETERMINE WHETHER THEY WERE BUSINESS OR CONSUMER ORIENTED AND REVIEWS FTC ACTIVITIES FOR SIGNS OF INCREASED RECOGNITION OF AND CONCERN FOR CONSUMER INTERESTS. THE FTC ACT ORIGINALLY WAS INTENDED TO PROTECT SCRUPULOUS BUSINESSES AGAINST UNFAIR COMPETITION; NO SPECIFIC CONSUMER PROTECTION WAS PROVIDED. EARLY BENEFITS ACCRUING TO THE CONSUMER FROM FTC ACTIVITIES CAME ABOUT INDIRECTLY. OVER THE YEARS, THE FTC HAS EVOLVED FROM AN AGENCY CONCERNED ONLY WITH PREVENTING UNFAIR COMPETITION AMONG BUSINESSES INTO AN IMPORTANT CONSUMER PROTECTION AGENCY. THE COMMISSION GRADUALLY HAS INCREASED ITS REGULATION OF ADVERTISING, LABELING, AND OTHER POTENTIALY DECEPTIVE PRACTICES AND HAS EXPANDED ACTIVITIES RELATED TO THE HEALTH, SAFETY, AND EDUCATION OF CONSUMERS. ALTHOUGH THE COURTS GENERALLY HAVE UPHELD THE FTC'S RIGHT TO PROTECT THE CONSUMER, JUDICIAL ACTION IN THIS AREA HAS BEEN LESS THAN CONSISTENT. WHILE BUSINESS GENERALLY HAS BEEN ANTAGONISTIC TOWARD THE FTC, THE POLITICS HAVE PLAYED A CONTINUING PART IN THE COMMISSION'S PERFORMANCE. THE FTC HAS REFLECTED THE PHILOSOPHIES OF INCUMBENT PRESIDENTS AND HAS AT TIMES BEEN CAUGHT IN POWER STRUGGLES BETWEEN THE PRESIDENT AND CONGRESS AND AMONG CONGRESSMEN OF DIFFERENT PERSUASIONS. DEMOCRATS HAVE BEEN MORE SUPPORTIVE OF THE FTC'S CONSUMER PROTECTION EFFORTS THAN HAVE REPUBLICANS. ALTHOUGH CONGRESS HAS ENLARGED THE ROLE OF THE FTC FROM TIME TO TIME, IT SELDOM HAS APPROPRIATED ENOUGH FUNDS. THE FTC USUALLY HAS HAD TO FUNCTION WITH INSUFFICIENT FUNDING AND PERSONNEL. A 24-PAGE BIBLIOGRAPHY IS INCLUDED. (AUTHOR ABSTRACT MODIFIED--LKM)