to be exercised over this by lawyers for plaintiff classes, since their legal fees (a not inconsiderable factor in the cost column) would seem to be assured regardless of how little their clients may benefit from the lawsuits.

Concededly these are not problems amenable to pat and conclusive solutions. All the more, therefore, is the balanced wisdom of Congress required to avoid delusively simplistic devices.

Again, my thanks to you for the opportunity to express the views of the Association of National Advertisers and of myself.

Yours respectfully,

CONSUMER PROTECTION

HEARINGS

BEFORE THE

CONSUMER SUBCOMMITTEE

OF THE

COMMITTEE ON COMMERCE
UNITED STATES SENATE

NINETY-FIRST CONGRESS

SECOND SESSION

ON

S. 2246

TO AMEND THE FEDERAL TRADE COMMISSION ACT, AS
AMENDED, BY PROVIDING FOR TEMPORARY INJUNCTIONS
OR RESTRAINING ORDERS FOR CERTAIN VIOLATIONS OF
THAT ACT

S. 3092

TO AMEND THE FEDERAL TRADE COMMISSION ACT TO
EXTEND PROTECTION AGAINST FRAUDULENT OR DECEP-
TIVE PRACTICES, CONDEMNED BY THAT ACT, TO CON-
SUMERS THROUGH CIVIL ACTIONS, AND TO PROVIDE FOR
CLASS ACTIONS FOR ACTS IN DEFRAUD OF CONSUMERS
AND

S. 3201

TO AMEND THE FEDERAL TRADE COMMISSION ACT TO
PROVIDE INCREASED PROTECTION FOR CONSUMERS, AND
FOR OTHER PURPOSES

CONTENTS

Opening statement by the chairman__.

Text of bills:

S. 2246.

S. 3092.

S. 3201.

Agency comments on S. 3092; Department of Commerce.
Agency comments on S. 3201; Secretary of Labor__.

CHRONOLOGICAL LIST OF WITNESSES

Page

221

223

225

230

240

241

Lamb, George P., general counsel, Association of Home Appliance Manufacturers

248

Prepared statement--

259

MARCH 18, 1970

Denenberg, Herbert S., professor, Wharton School of Finance and Commerce, University of Pennsylvania.

Handler, Milton, attorney, New York; accompanied by Michael Blechman,
New York....

Norris, William B., vice president-legal and secretary, Carling Brewing Co., Cleveland, Ohio, Chamber of Commerce Antitrust and Trade Regulation Committee__.

301

Prepared statement..

307

MARCH 19, 1970

Barger, Richards D., National Association of Insurance Commissioners___
Prepared statement__.

371

378

McCarthy, John F., Sales & Marketing Executives International, Inc____. Nichol, Thomas, Jr., general counsel, Gas Appliance Manufacturers Association, Inc_---

385

391

APRIL 9, 1970

Barrett, Richard W., Legal Committee of the Grocery Manufacturers of America; accompanied by George Koch, president, Grocery Manufacturers of America___.