My Memorable Experiences as a Marketing
Academic at the Federal Trade Commission
William L. Wilkie
The Background1
I was fortunate to be the first marketing academic to be able
to go in-house as a consultant to the Federal Trade Commis
sion’s (FTC’s) Bureau of Consumer Protection (BCP) in
June 1972. As I will relate, it was a memorable experience
involving a host of activities, one of which was to help start
a new FTC Marketing Academic Consultancy program,
“Project MAC.” During the ensuing ten years, some 30
marketing academics participated in this program, with
considerable impact on both FTC operations and marketing
academic thought itself. The program was briefly revived in
the early 1990s, giving several more academics the oppor
tunity to move in-house as well.
The impetus for marketing academics to join the staff of
the FTC can be traced to a sharp change in the political con
text enveloping the agency in the late 1960s. In accord with
general societal unrest accompanying the unpopular war in
Vietnam, there was increased questioning of both big busi
ness and big government institutions. In addition, there was
an impetus for more active regulation of marketers, which
originated from a diverse set of institutions and represented
a strong set of forces. Prominently, a report by the “Nader’s
Raiders” consumerist group harshly criticized the FTC’s
low profile during the 1960s (Cox, Fellmeth, and Shultz
1969). Among its allegations, the group pointed out that at
this point the FTC was issuing fewer than 70 complaints a
year against deceptive promotional practices in the entire
country. Cast against the massive promotional activity of
the American economy, it was obvious that the chance of
detection and prosecution was extremely slim (Pitofsky
1977). President Richard Nixon then requested the presti
gious American Bar Association (ABA) to appoint a blue-
ribbon task force to investigate these charges.2 Its detailed
report (ABA 1969) provided findings similar to those of
^ee also the Wilkie and Murphy (2013) article in Journal of Historical
Research in Marketing, on which portions of this essay are based.
2I cannot be sure of the extent to which personal relationships might have
influenced this development. However, this action was unexpected from
President Nixon, a Republican who had been elected with strong support
from a business community that did not particularly favor an active FTC.
Speculation abounded that he had been lobbied by none other than Harvard
Law student Edward Cox, the senior author of the Nader Report. Cox was
dating Nixon’s daughter Tricia at the time, and they were married in 1971.
William L. Wilkie is Nathe Professor of Marketing, University of
Notre Dame (e-mail: wwilkie@nd.edu).
Nader’s group, concluding that drastic changes within the
agency were needed. If such changes were not made, more
over, the ABA report called for disbanding the entire FTC
and assigning its tasks to other agencies. President Nixon
and Congress decided to support these changes. The head of
the ABA Report, Miles Kirkpatrick, was named FTC Chair
man, new appointments were made inside the agency, and
the agency’s budget was increased substantially.3
During the following decade, the FTC emphasized new
powers and programs. Advertising was a major target: new
proposals were advanced on topics such as advertising sub
stantiation (Cohen 1980), corrective advertising (Wilkie,
McNeill, and Mazis 1984), comparative advertising (Wilkie
and Farris 1975), affirmative disclosure (Wilkie 1982),
advertising to children (Mazis 1979; Ratner 1978), and
advertising code barriers (e.g., opening more advertising in
such areas as eyeglasses, drugs, and other professions). The
net effect during the 1970s was to create a much more pow
erful regulatory agency, supported by a 500% budget
increase throughout the decade (Murphy and Wilkie 1990).
However, this increase in power and activity sparked a strong
backlash from the business community, and the 1980s were
marked by restrictions on FTC powers in several regulatory
areas (a development I discuss subsequently).
The Search for Marketing Academics at
the FTC
President Nixon’s decision to increase the scope and level
of the FTC’s marketing regulatory activity brought to con
sciousness the FTC’s possible need for additional expertise.
In particular, Commissioner Mary Gardiner Jones was
active in advancing this view. She confronted some resis
tance from those with legal backgrounds, who were com
fortable working with other attorneys and still gaining
experience working with the different thinking advanced by
economists. However, Commissioner Jones persisted, and
she decided to begin the process by adding to her own small
staff of advisors (Jones 1990). In 1970, she contacted
George S. Day, then an assistant professor of marketing at
Stanford University, about his willingness to serve as an in-
house consultant. Day was unavailable but recommended
his recent doctoral student, Murray Silverman (currently on
faculty at San Francisco State University), who took the ini
tial position as an advisor to Commissioner Jones.
3Freer (1971) presents an interesting summary of early important changes.
© 2014, American Marketing Association
ISSN: 0743-9156 (print), 1547-7207 (electronic) 194
Journal of Public Policy & Marketing
Vol. 33 (2) Fail 2014, 194-201