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Methodological Challenges in Consumer Protection Surveys: Analyzing the Ab Force Case

This paper, presented by Michael B. Mazis at the 2007 ABA Consumer Protection Conference, explores the complexities and methodological issues involved in consumer protection surveys, focusing on the Ab Force advertisements. It examines the various claims made by these advertisements and discusses the significance of survey design, control questions, and the effects of pre-existing beliefs. The piece highlights the difficulties in establishing whether deceptive advertising occurred and offers insights into managing noise in survey responses. Ultimately, it emphasizes the need for careful methodological approaches in consumer protection research.

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Methodological Challenges in Consumer Protection Surveys: Analyzing the Ab Force Case

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  1. Methodological Issues in Consumer Protection Surveys Michael B. Mazis School of Business American University 2007 ABA Consumer Protection Conference

  2. FTC v. Telebrands • $19 million in Ab Force sales – 2001 to 2002 • Complaint – September 2003 • ALJ opinion – September 2004 • Commission Opinion – Sept. 2005 • Affirmed in Fourth Circuit – Aug. 2006

  3. Ab Force Ads • EMS contraction of stomach muscles • Recall commercials for other ab belts • No express claims about weight loss or fat loss • Show models • Implied claims • Massage?

  4. FTC Survey • Open-Ended Questions – What did ad communicate? (22% flat abs, lose weight/fat, gets you in shape) • Closed-Ended Q’s – Using Ab Force… • Well-defined abdominal muscles (65%) • Lose inches around waist (58%) • Lose weight (43%) • Effective alternative to exercise (39%) • Removes fat deposits (23%)

  5. Is the Ab Force ad deceptive? Alternative Explanations • Inattentive respondents • “Yea Saying” • Pre-Existing Beliefs – about other Ab ab belt ads • Non-deceptive elements of ad • Questions may be leading or biased

  6. Noise • Extraneous factors that make it impossible to state that ad CAUSED the observed results (deception) • How to control for NOISE?

  7. Controls - Filters • Questioning Approaches • Filter Questions – eliminate respondents who are guessing “Did the ad say, show or imply that Ab Force improves users’ appearance, fitness, or health?” (to qualify for closed-ended questions)

  8. Controls – Yea-Saying • “Yea-Saying” • “Did or didn’t the ad say, show or imply that Ab Force improves users’ appearance, fitness, or health or don’t you know?” • Necessary but not sufficient controls

  9. Control Questions • Add additional items to control for yea-saying – items not appearing in challenged ad yet plausibly associated with product • Using AbForce… • Lowers blood pressure (6%) • Relieves pain from stomach ulcers (5%) • Relieves nausea (4%) • Limited as a control – controls for yea-saying only

  10. Control Advertisements • Control for Pre-Existing Beliefs • Control for non-deceptive elements of ad • Goal: To show respondent a non-deceptive ad as close as possible to allegedly deceptive ad • Modified Ad – purge misleading elements; correct misimpression

  11. Potential Problems with Creating Modified Ads • Technical difficulties – print vs. TV ads • Brand name – Ab Force/Aspercreme • May be little remaining • How much to remove – “fully cleansed” (Stouffer)

  12. 2. Ad with Disclaimer • Corrects alleged deception with statement • “Ab Force is effective for massage” • Potential problems • What should be the message? • Is message effective? • Will consumers notice it and believe it?

  13. 3. Same Brand – Different Ad • Often used for TV ads (FTC v. Kraft) • Problems • Must have an available non-misleading ad for brand • What is “best” ad to use? (multiple control ads)

  14. 4. Different Brand’s Ad • Used when no other control ad available (FTC v. Novartis) • Problem – many differences between test ad and control ad

  15. Ab Force: Test vs. Control Ads • Closed-Ended Q’s – Using Ab Force… • Well-defined abdominal muscles (65% - 48% = 17%) • Lose inches around waist (58% - 42% = 16%) • Lose weight (43% - 28% = 15%) • Effective alternative to exercise (39% - 29% = 10%) • Removes fat deposits (23% - 19% = 4%)

  16. Conclusions • No cookbook studies • Control questions – useful but not usually sufficient • Control Ads (or other stimuli) used in most studies • Trade-offs in selecting control ads • Knowledgeable, Experienced, and Independent Expert

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