David Heffernan co-authored an article for The Air & Space Lawyer, explaining how the FTC, in applying its test for "deception," determines what constitutes "reasonable" consumer behavior. The article also examines how DOT has at times strayed from a "reasonable consumer" point of reference toward a more expansive approach to regulation and enforcement. Lastly, it concludes that DOT should adopt the FTC's test for "deception" while relying solely on a "reasonable consumer" standard.
To read the full article, click here.