Consumer Research in FTC versus Kraft (1991): A Case of Heads We Win, Tails you Lose?

The authors review the principal surveys offered as evidence in FTC v. Kraft, Inc. (1991). The authors explain that the FTC's survey (Stewart 1987) is flawed in universe definition, question wording, experimental design, and analyses, and argue that though Kraft's survey (Jacoby 1988) employed generally recognized and accepted scientific practices, especially as applied in surveys conducted for litigated matters, the FTC Commissioners relied on the survey proffered by the FTC Staff. In addition, they dismissed Kraft's main findings and only relied on it for the one uncontested finding that supported the FTC's position. The authors discuss the implications of such actions and also respond to Stewart's (1995) article, which presents contrasting analyses.