scholarly journals Assessment Of Psychological Advertising Along Consumer Rights And The Rule On Section 5 Of The Federal Trade Commission, Part 1 Of 2: Unfairness Doctrine

2020 ◽  
Vol 36 (4) ◽  
pp. 153-170
Author(s):  
Michelle Alarcon ◽  
Joseph Ha

Over a century of research and empirical findings have linked advertising with consumer choice based on affective information processing, which many researchers emphasized as unconscious brain processing. This paper examines a variety of empirical findings and historical data on psychological or affective processing which provides evidence that psychological advertising affects consumer behavior and choice. Thereafter, building on existing research and literature, we analyze the legal implications of psychological advertising to stimulate affective or unconscious decisions that impairs rational choice and thus harmful. Based on this argument, we analyze the current federal consumer protection law regulating advertising under Section 5 of the Federal Trade Commission Act (“FTC Act”) which bans unfair and deceptive practices, then present rationales for change followed by a framework for revision. The objectives of such change is to ensure that this regulation upholds consumer rights and provide a consumercentric process that respects free choice. One outcome of this proposal will be a ban on advertising practices that utilize psychological stimuli. The framework will focus on expanding the “unfairness” doctrine of the FTC Act. The Federal Trade Commission (“FTC”) states that “unfair acts or practices injure both consumers and competitors because consumers who would otherwise have selected a competitor’s product are wrongly diverted by the unfair act or practice,” thus an effective customer-centric regulation could postulate a healthier economy.

2011 ◽  
Vol 26 (S2) ◽  
pp. 820-820
Author(s):  
E. Wingbermuehle ◽  
J.I.M. Egger ◽  
I. van der Burgt ◽  
W.M.A. Verhoeven

IntroductionNoonan syndrome (NS) is an autosomal dominant genetic disorder with an estimated incidence of 1:1,500 live births and is characterized by short stature, facial dysmorphisms and congenital heart defects. At present, mutations in seven different genes have been identified. NS is associated with impaired affective processing and subsequently increased levels of anxiety.ObjectivesNeuropsychological investigation of social cognition.AimsThe use of neuropsychological assessment as a tool for studying the contribution of cognition and behaviour to the expression of the Noonan phenotype.MethodsForty adult NS-patients and a matched group of healthy controls underwent extensive neuropsychological assessment. Next to the standard cognitive domains (i.e. intelligence, attention, memory, executive functioning) several tests for social cognition were included to explore affective information processing. Correlation analysis and repeated measures MANCOVA were used.ResultsMarked problems were found in the recognition of own and other's emotions, as well as in the ability to verbally express feelings. Alexithymia was significantly more prevalent in the NS-group. In addition, NS-patients displayed more mood and anxiety complaints than controls. A tendency was found to social desirability and agreeableness.ConclusionsImpairments in social cognition are common elements of NS behavioural phenotype in adults. With neuropsychological assessment, psychosocial immaturity, amenable traits and alexithymia could be identified. The latter increases the vulnerability for the development of mood and anxiety disorders.


2020 ◽  
pp. 135910532092516
Author(s):  
Julia Schindler ◽  
Simon Schindler ◽  
Stefan Pfattheicher

This study tested the idea that faith in intuition (people’s reliance on their intuition when making judgments or decisions) is negatively associated with vaccination attitudes in the U.S. populace. Intuition is an implicit, affective information processing mode based on prior experiences. U.S. citizens have few threatening experiences with vaccines because vaccination coverage for common vaccine-preventable diseases is high in the United States. Experiences with vaccination-side effects, however, are more prevalent. This is likely to shape an intuition that favors refusal over vaccination. Results of multiple regression analyses support this supposition. With increasing faith in intuition, people’s vaccination attitudes become less favorable.


10.5912/jcb55 ◽  
1969 ◽  
Vol 10 (1) ◽  
Author(s):  
Alan Ratliff

R&D costs in the biotechnology and pharmaceutical industries continue to rocket, as do royalty rates for the relatively few new drugs and technology that successfully complete clinical testing. Several of the issues that led to last year's joint Department of Justice/Federal Trade Commission (DOJ/FTC) hearings are significant within those industries, including (1) recent court decisions reaching inconsistent results or at odds with public agency positions; (2) proliferation of new patent filings; (3) efforts to expand the scope of patents; (4) mergers and acquisitions reducing competition and consumer choice; (5) more restrictive, licenser-oriented licences; (6) patent blocking; and (7) patent settlements with reverse payments. This article discusses the results of studies evaluating the rising costs and declining success rates of new biotechnology and pharmaceutical product offerings, the upward trend in royalty rates and litigation awards, and the implications of the DOJ/FTC hearings.


Author(s):  
Alexander Kaltenboeck ◽  
Catherine Harmer

Depressive disorders are commonly associated with abnormalities in affective cognition. When processing information with emotional content, the depressed brain typically exhibits mood-congruent negative biases; that is, an abnormal preference for negative relative to positive information. In turn, recent psychopharmacological research has revealed that antidepressant drug treatments have the ability to push affective information processing more towards a preferential processing of positive information. These observations have led to the postulation of a cognitive neuropsychological model of antidepressant treatment action. This model suggests that negative biases play an important causal (rather than just epiphenomenal) role in the development of depressed mood and efficacious antidepressant interventions exert their clinical effects by acutely counterbalancing these cognitive abnormalities. In this chapter, we extend the focus to non-pharmacological treatments for depression and ask whether they too can influence affective cognition, and, if so, what these effects look like. We highlight recent studies investigating how cognitive behavioural therapy, electroconvulsive therapy, transcranial direct current stimulation, and environmental therapeutics impact on affective information processing in patients with depression. We show that, for each of these treatments, at least some evidence exists that suggests an influence on affective cognition and that in some cases the observed effects are directly in line with the cognitive neuropsychological model. However, as will become clear, the currently available evidence is rather sparse and, in many regards, incomplete. We therefore conclude that—similar to antidepressant drugs—non-pharmacological treatments can also influence affective information processing in patients with depression. However, whether these changes can counterbalance negative biases, and whether they are causally involved in the clinical effects of the different treatments, remains to be elucidated by future research.


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