Deception, Materiality, and Survey Research: Some Lessons from Kraft

The author presents a response to a review by Jacoby and Szybillo (1995) of two empirical studies offered as evidence in Federal Trade Commission v. Kraft, Inc. (1991). He reviews the rationale for the design of the Federal Trade Commission research and responds to specific criticisms offered by Jacoby and Szybillo. The author also examines the Kraft materiality survey and concludes that it did not address the question of the materiality of claims. Finally, the author raises some general issues related to the use of survey research in litigation and the need for standards for extrinsic research in cases involving implied claims.