Extrinsic Evidence in Federal Trade Commission Deceptiveness Cases

Thursday, January 1st, 1987 at 12:00 am by Ivan L. Preston
Ivan L. Preston, Extrinsic Evidence in Federal Trade Commission Deceptiveness Cases, 1987 Colum. Bus. L. Rev. 633

Many types of extrinsic evidence have been used in FTC cases, some more acceptable than others, some not acceptable at all. The FTC has issued no guidelines for acceptability, and its failure to do so hinders the efforts of parties who have been charged with deceptiveness (“respondents”‘) to gather evidence properly. The total litigation record of the Commission can be made to yield considerable insight, however, when analyzed on a case-by-case basis. The resulting categorization of the various types of extrinsic evidence in terms of their relative suitability can help eliminate the substantial misjudgments which have occurred, and thus lead to cost savings and greater effectiveness for participants in FTC proceedings.

Author Information

Professor, School of Journalism and Mass Communication, University of Wisconsin-Madison. B.A. 1953, College of Wooster; M.A. 1961, Ph.D. 1964, Michigan State University.