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Abstract

Corporate social responsibility initiatives have transformed fair labor policies into powerful marketing tools, but the gap between the public promise to embrace ethical labor practices and actual corporate compliance with such practices has widened. This has the effect of not only impeding the average consumer’s purchasing decision, but perpetuating—if not catalyzing—labor exploitation across the world. The existence of this paradigm thus necessitates additional, heightened intervention by none other than Federal Trade Commission (FTC).

The FTC’s three-pronged test for deception—previously created to combat other forms of deceptive practices—provides an accountability framework for deceptive marketing claims that utilize unfollowed, self-adopted corporate fair labor policies. Backed by—and born out of—the Federal Trade Commission Act, further insulated by legal precedent, the FTC is well-equipped to address this mode of corporate deception. Stated differently, by creating a comprehensive regulatory framework, the FTC can rely on its historical doctrines to ensure corporations comply with their advertised labor policies.

By drawing wisdom from legal scholars, United States jurisprudence and legislation, current events, and human rights organizations, this Note strongly recommends that—similar to combating other deceptive marketing strategies—the FTC must clear a path for regulatory oversight against a new dialect of deception: the hollow-but-publicly-embraced promise to utilize fair labor practices. If done correctly, the FTC would not only lend a strong hand in the fight against domestic and international labor exploitation, but continue to honor the mantra that brought about its inception: protecting consumer rights, promoting corporate transparency, and deterring corporate deception.

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