FOR IMMEDIATE RELEASE: June 6, 1988 COMPANIES THE FTC CHARGES WITH FALSE AND MISLEADING ADVERTISING SUFFER STOCK MARKET LOSSES, BUREAU OF ECONOMICS STAFF STUDY FINDS Companies the Federal Trade Commission charges with false and deceptive advertising generally experience significant losses in their stock market values, according to a Bureau of Economics staff study the Federal Trade Commission released today. The study examined the effects of advertising cases brought by the FTC and other parties by examining changes in their stock market values during the progress of a case. According to the authors, FTC economist Alan Mathios and University of Washington economist Mark Plummer, even though the FTC does not impose fines in most of these cases, FTC actions often lead to a reduction in the stock market value of these firms. Based on these results, the authors concluded that the FTC has significant power to deter false and deceptive advertising practices, benefiting consumers and imposing financial losses on firms. Firms that lose litigated FTC advertising cases incur losses on average of five percent of their stock market value, the study found. Dr. David Scheffman, Director of the FTC's Bureau of Economics, noted, "Many of the firms surveyed for this study have a market value of $500 million or more. The stock market value of those firms that litigated FTC advertising charges and lost could decrease by $20 million." The staff study also found that the longer the FTC proceeding, the larger the financial effect on the defendant. Even if the Commission eventually dismisses the charges of false and deceptive advertising practices against a firm, the study concluded, the firm bears a significant financial penalty through reduced stock market value. The authors concluded that the study's results emphasize the importance of case selection in evaluating the costs and benefits of FTC advertising regulation (p.39) Thus, according to the authors, great care should be exercised in case selection and the application of appropriate legal standards to avoid chilling advertising that provides useful information to consumers. (p39) The study examined three institutions that regulate advertising: the FTC; an industry self-regulatory group called the National Advertising Division of the Council of Better Business Bureaus and its appeals board, the National Advertising Review Board; and private litigation under the Lanham Act, which allows businesses to sue one another for false advertising. The study represents the views of the authors and not necessarily those of the Commission itself or any individual Commissioner. Dr. Plummer was with the FTC when the study was written. (More) Copies of the study, titled "Regulation of Advertising: Capital Market Effects," are available from the FTC's Public Reference Branch, Room 130, 6th St. and Pennsylvania Ave. N.W., Washington, D.C. 20580; 202-326-2222; TTY 202-326-2502. # # # MEDIA CONTACT: Dee Ellison, Office of Public Affairs, 202-326- 2177 STAFF CONTACT: David T. Scheffman, Bureau of Economics, 202-326- 3495 [AdStudy]