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Purpose And Promise Unfulfilled: A Different View Of Private Enforcement Under The Federal Trade Commission Act, Stephen W. Gard

Stephen W. Gard

In its September-October issue of 1974, this Review published a student comment concerning private enforcement and rule making under the Federal Trade Commission Act.10 The Comment took the position that a private right of action should not be implied under section 5 of the Act, which unambiguously declares that "unfair or deceptive acts or practices in commerce are . . . unlawful."' The Comment thus endorsed the holding in Holloway v. Bristol-MyersCorp. that a consumer who has suffered economic harm as the proximate result of the commission of an unfair or deceptive trade practice should not be entitled to redress …