Paul Rubin, Apr 24, 2008
A version of this article was originally prepared for the Encyclopedia of Law and Economics (Edward Elgar, 2nd ed. 2008/2009). Deception is the manipulation of information to gain some advantage. This paper considers commercial deception through advertising. The paper first discusses the economics of information. The literature has derived four major policy conclusions. First, truthful information regarding price should not be restricted by regulatory authorities. Second, deception is most likely and most harmful for credence goods, and regulation is most useful (if it is useful at all) for these goods. Third, truthful information should never be restricted. Fourth, regulation of advertising is best done by authorities that specialize in advertising, rather than by agencies with another mission. A fifth, more tentative, conclusion is that regulation should limit itself to statements that are actually false, and ignore those that are misleading or deceptive. The paper begins with a discussion of the First Amendment issues in regulating advertising. It then considers advertising of prices and regulation and types of goods. The next secion examines regulation of true information about characteristics of goods other than price, with special reference to the U.S. Food and Drug Administration. The paper also discusses measures of deception and policies of mandating disclosure of negative information and remedies.
Featured News
Glencore and Rio Tinto in Talks Over Deal That Could Create $260 Billion Mining Giant
Jan 8, 2026 by
CPI
Google, Meta, Amazon, Microsoft, Netflix Set to Avoid Tough EU Curbs: Report
Jan 8, 2026 by
CPI
EU Antitrust Review of Google-Wiz Deal Draws Intense Scrutiny Ahead of 2026 Deadline
Jan 8, 2026 by
CPI
Bankers Renew Their Plea to Close ‘Loophole’ in Stablecoin Law’s Ban on Interest Payments
Jan 8, 2026 by
CPI
M&A Rebound Lifts Elite Law Firms After Near-Record Deal Year
Jan 8, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – CRESSE Insights
Dec 16, 2025 by
CPI
Learning from Divergence: The Role of Cross-Country Comparisons in the Evaluation of the DMA
Dec 16, 2025 by
Federico Bruni
New Regulatory Tools for the EU Foreign Direct Investment Screening and Foreign Subsidies Regulation
Dec 16, 2025 by
Ioannis Kokkoris
“Suite Dreams”: Market Definition and Complementarity in the Digital Age
Dec 16, 2025 by
Romain Bizet & Matteo Foschi
The Interaction Between Competition Policy and Consumer Protection: Institutional Design, Behavioral Insights, and Emerging Challenges in Digital Markets
Dec 16, 2025 by
Alessandra Tonazzi