Corrective Advertising: Evolution of the Legal Theory and Application of the Remedy

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Abstract
During the 1970s the Federal Trade Commission became increasingly active in consumer protection. New theories of deceptive and unfair advertising were eveloped and new remedies were sought. Corrective advertising was at once one of the most controversial and potentially one of the most effective of the new remedies proposed. This paper traces the corrective advertising remedy as it was fashioned in consent agreements and finally in a litigated order during the 1970s. It examines issues of evidentiary requirements for imposing corrective advertising and of compliance and effectiveness goals in designing corrective advertising orders. It concludes with a discussion of future prospects for the use of corrective advertising by the Commission.