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1 Timothy J. Muris, Food Rule, Phase I: Reply to Memorandum to the Commission 1 (1982)

handle is hein.usfed/fdrlrpmcs0001 and id is 1 raw text is: FEDERAL TRADE COMMISSION WASHINGTON. D.C. 20580 BUREAU OF CONSUMER PROTECTION OC.242 1882 MEMORANDUM TO: Commission FROM: Timothy J.M Director SUBJECT: Food Rule, Phase I I am forwarding the Food Rule staff's response to my memorandum of May 17, 1982, in which I recommended that the Commission terminate its rulemaking regarding food advertising. Although the staff's detailed analysis of the issues should prove useful to the Commission, it does not *persuade me that a rule is appropriate. My criticisms of this rulemaking proposal should not be construed as criticisms of the staff work throughout this proceeding. The staff has done an excellent job of collecting and analyzing the information available in a record that I think all agree is far from ideal. The staff has only done as the Commission directed; I doubt that they would have been allowed to conduct this proceeding to gather better evidence. Nonetheless, as my earlier memorandum indicates, the evidence at hand is inadequate to justify a rule. Because that memorandum discusses the points made in the staff's accompanying analysis, here I will make only a few comments on the staff's argument. I will first address the question of appropriate rulemaking standards, and then consider each section of the rule in turn. I. RULEMAKING STANDARDS Rulemaking requires hard evidence that can support projections to the entire industry we propose to regulate. In most instances involving our rules, systematic surveys are likely to be essential. Although other forms of evidence may have value in some instances as confirmation of surveys or sources of scientific data that must underlie any rule, anecdotes and expert testimony about consumer beliefs cannot tell us whether we are dealing with an isolated problem, for which a series of cases may be the most appropriate response, or a systemic, industrywide problem that calls for rulemaking. Other forms of evidence have value, but they cannot answer a central question of any rulemaking--what is the rate at which problems occur?

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