84. Requiring businesses to provide complete product information to customers 8 R( A! s0 R/ F8 [
promotes various consumer interests, but at the same time imposes burdens on + l- O q' z% V$ r4 u5 n) R
businesses, government, and taxpayers. On balance, the burdens outweigh the benefits, : e/ ^* @+ }) Y: @ Y8 t3 f2 B
at least in most cases.
y4 s3 }. t1 z/ {$ N! o$ I# J A threshold problem with disclosure requirements is that of determining what
9 K8 a. D- V; Econstitutes "complete" information. Admittedly, legislating disclosure requirements
9 L" A% H! u: f+ L3 L% \clarifies the duties of business and the rights of consumers. Yet determining what
. d- C/ X3 e( g% D# crequirements are fair in all cases is problematic. Should it suffice to list ingredients,
) U: L# Y$ O8 k" Minstructions, and intended uses, or should customers also be informed of precise 1 `8 M( `0 M9 c
specifications, potential risks, and results of tests measuring a product's effectiveness % ?# _ p# O- t8 S. y+ k3 v5 d
vis-a-vis competing products? A closely related problem is that determining and
2 e8 C5 B$ c* K* X. j" b' @0 ^enforcing disclosure standards necessarily involves government regulation, thereby 0 v0 K% K n+ w% T8 f C4 V
adding to the ultimate cost to the consumer by way of higher taxes. Finally, failure to
# d6 B; o2 g0 |7 {' p% H6 ]comply may result in regulatory fines, a cost that may either have a chilling effect on : [5 Q, O4 \' [ r
product innovation or be passed on to the customers in the form of higher prices. Either
4 Y" W. W9 M( s: B( U1 Z) Cresult operates to the detriment of the consumer, the very party whom the regulations
& m& T0 U* R, a: c( B" ]0 [are designed to protect.
+ D) \2 s5 Q+ `- `3 C' Q These burdens must be weighed against the interest in protecting consumers
( {' P1 Z1 _& D% n; R: r1 Aagainst fraud and undue health and safety hazards. To assume that businesses will 0 b* K% L! N e. ^) y% D
voluntarily disclose negative product information ignores the fact that businesses are ' x- v) ?7 T0 H2 w; I
motivated by profit, not by public interest concerns. However, consumers today have
: I. B$ V3 ?$ n4 E1 ]- ]7 F Aready access to many consumer-protection resources, and may not need the protection & p/ \# z# D0 s, L8 q% N( U- {
of government regulation. Although health and safety concerns are especially
7 I5 Q3 k5 ~" `% L1 Z% I& @3 ?compelling in the case of products that are inherently dangerous—power tools,
& M% s7 r, ]% F' I* M0 g6 qrecreational equipment, and the like—or new and relatively untested products, $ g, ~2 ?/ M. R" m
especially pharmaceuticals, narrow exceptions can always be carved out for these
9 i; e C4 @' H' R1 mproducts.; y1 B8 B/ e) C3 ^+ b# L6 |
In conclusion, while stringent disclosure requirements may be appropriate for
6 ]& K' s( ~5 X6 H6 M* G+ Ucertain products, businesses and consumers alike are generally better off without the 8 b3 G5 |+ i. K+ @- w
burdens imposed by requiring that businesses provide complete product information to
% {* o# c, _: b/ dall customers. |
发表于 2012-8-15 21:50:16
