Credence Attributes Making Honesty The Best Policy 2010

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Credence attributes:Making honesty the best policy

Credence attributes:Making honesty the best policyCredence Attributes: Making honesty thebest policy is a discussion paper, approved bythe Director of Consumer Affairs Victoria, onthe role of government in increasing economicbenefits from credence-attribute markets.DisclaimerBecause this publication avoids the use of legallanguage, information about the law may havebeen expressed in general statements. This papershould not be relied upon as a substitute forprofessional legal advice. Copyright State of Victoria 2010No part may be reproduced by any process exceptin accordance with the provisions of the CopyrightAct 1968. For advice on how to reproduce anymaterial from this publication contact ConsumerAffairs Victoria.Published by Consumer Affairs VictoriaDepartment of Justice121 Exhibition Street Melbourne Victoria 3000Authorised by the Victorian Government121 Exhibition Street Melbourne Victoria 3000Printed by PMI CORPORATION400 George Street Fitzroy 3065ISBN: 1 921079 28 22

Table of ContentsExecutive summary41.Introduction52.Background53.Economics of asymmetric information73.1 Problems arising from asymmetric information73.2 Addressing the information problem103.3 Economic outcomes13Policies to reduce impacts of information asymmetry144.1 Fair trading rules164.2 Reducing signalling cost and increasing consumer access to information204.3 Government labels to address information asymmetry255.Potential areas of action for fair trading agencies296.Broader roles for x 1: Contentious and dubious claims34Appendix 2: Case study: falsely labelled free-range eggs35Appendix 3: Evaluation of policy36Appendix 4: A Consumers Union report card373

Credence attributes:Making honesty the best policyExecutive summaryOrganic, free-range, fair trade and kosher arejust a few examples of ‘credence attributes’.Consumer interest in products with such attributesis growing, but it is often difficult for consumers tocheck the honesty of these claims.This paper explores the role of government inincreasing the economic benefits from credenceattribute markets.Essentially, producers have information aboutthese products that consumers do not. Thiscreates opportunities to mislead or cheat.Consumers can protect themselves by notpaying for such attributes. This can stop a marketemerging for products with a particular attribute.But if producers convince enough consumers thattheir claim is true, a market may be established.Providing consumers with enough informationto create and maintain a market can be costlyfor producers, and consumers also face costs infinding information on credence attributes.Such information problems can cause credenceattribute markets to be inefficient or stifled.Governments can intervene to reduce the costs ofinformation problems.General economy-wide measures will provide thebest balance of consumer protection, consumerchoice and industry opportunities. This approachavoids governments ‘picking winners’ by gettinginvolved in standards or certification for someattributes. Rather, government fair tradingagencies assist markets to emerge by usingan integrated compliance model. This modellinks various initiatives aimed at producers andconsumers.4Government fair trading agencies could considerimproving enforcement by: increasing proactive credence-attributemonitoring and targeted credence-attributeinspections increasing fines to ensure it is generallyunprofitable to cheat publicising enforcement outcomes to increaseimpacts on reputation and deter others.These agencies could also reduce supplier costsand improve consumer access to information by: directing consumers to consumerorganisations and other sources for objective,reliable information assuring consumers that there is overall marketefficiency, based on the evidence from a broadcredence enforcement program encouraging industries to develop self-fundedvoluntary standards funding metrics and methodologies for testingand verifying claims.Further research is required into: whether consumers use supermarkets asa filter for honest claims about products,and to what extent. Do consumers believesupermarkets have reputations to protect, sowould ensure suppliers were honest aboutproduct claims? experimental economics as a tool forsimulating decision-making environments toevaluate how much consumers value labellingin practice credence attributes in service industries.

1. Introduction2. BackgroundConsumers are often ‘information poor’ whenbuying goods with attributes that align withpopular contemporary issues. These include goodsmarketed as having:In Australia, governments set minimumstandards and other policies to protect ourenvironment, animal welfare and social justice.When purchasing food and other items,consumers can presume all products will meetcertain minimum requirements. environmental benefits animal welfare benefits social welfare extras special health benefits.There are many more, and interest in suchattributes is likely to grow.Scepticism about claims is evident from termssuch as ‘greenwashing1’. There are regular mediareports of cage-laid eggs sold as free-range,conventional products as organic, and otherexamples. Some dubious claims are highlightedin Appendix 1.Consumers (and businesses) want to be able tobuy these products with confidence. It is in theinterests of economic prosperity in Victoria thatmarkets flourish.This paper identifies the most efficient waysAustralian governments (through their fair tradingagencies) can reduce information problems, soconsumers can buy with confidence.This is consumer policy; quite distinct fromenvironmental, animal welfare or socialwelfare policy.The research presented in this paper aims toinform current debates, such as the national reviewof food labelling announced in October 2009.Some consumers are keen to buy products withextra (above the minimum) environmental, animalwelfare or other public good attributes. However,they can have trouble sorting honest claims aboutextra attributes from dishonest claims.Examples of ‘public good’ credenceattributes include: the environment – sustainable fishingand forestry, organic, biodynamic, virtualwater2, food miles, carbon footprint, ecotourism, recycled, green power, slow food,Sustainability Indices for Biobased Products(OECD 2009), vegetarian, ‘green purchasing’lists of suppliers animal welfare – free-range, dolphin-friendly,vegetarian, pigs with toys for entertainment3 social welfare – locally grown, fair trade,country of origin.Credence attributes are not all ‘public goods’.Consumers can also have trouble establishingthe credibility of claims they are interestedin to benefit themselves as individuals4.Examples include: health – organic, genetic modification, free ofantibiotics, pesticides and other chemicals inproduction, free-range2 Virtual (or embodied) water is a measure of the total water used inproduction of a good or service (Frontier Economics 2008).3 e.1 Greenwashing is the practice of companies disingenuously spinning theirproducts and policies as environmentally friendly (http://en.wikipedia.org/wiki/Greenwash).4 It can be argued that some credence claims (for example, those associatedwith nutrition) involve a combination of public and private benefits butthis separation is not central to the arguments presented in this paper.5

Credence attributes:Making honesty the best policy nutrition – glycemic index, fat content, energycontent, salt content religious – halal, kosher.Trouble establishing credibility of such claimstends to prompt calls for more governmentintervention in setting standards, endorsing ecolabels, mandatory labelling and more. This is notonly by consumers and their representatives, butalso by producers and certification organisationsthat might benefit.be better than others. This paper discusses themost efficient ways governments can interveneto address information problems when thereare credence attributes. This is distinct fromenvironmental policy and other public policy.The source of the problem is that producershave more information about production thanconsumers, and the information is costly forconsumers to gather because of its ‘credence’nature (see Box 1). Although there are manypossible ways to address this problem, some willBox 1Classification of product characteristics Search: characteristics can be checked by looking at, feeling, smellingor otherwise searching the product before purchase. For an orange, thismight be the required size and colour. Experience: characteristics can be checked after the good is consumedor ‘experienced’. For an orange, this could be the taste. Credence: claims about characteristics cannot reasonably be checkedby consumers at all, even after the item has been used or consumed.For example, it is difficult (costly) to detect whether an orange has lowpesticide residues, before or after purchase.Note: the line between experience and credence qualities of a good may not be always sharp, particularly if thequality will be discerned in use, but only after considerable time (Darby and Karni 1973).6

3. Economics ofasymmetric informationEconomics can explain the origins of informationproblems and identify the most worthwhile rolesfor government.3.1 Problems arising fromasymmetric informationAsymmetric information arises when someparties know some relevant information, butothers do not. In markets for credence attributes,this imbalance exists even after a consumer hasbought, eaten or used a product because thecost of verifying the claim is too high for anindividual. For example, farmers know how theyproduce food, but it usually costs too much for aconsumer to confirm what they are told about theproduction process. This is a problem because theinformed producer can exploit the less-informedbuyer. One ramification of this is economic loss.5Services can also be credence attributes and thiscan create incentives for fraudulent behaviourby sellers. Sometimes sellers not only providethe service; they act as experts determining therequirements of consumers. Examples are repair,medical, legal and financial advice services.Consumers may never discover whether the advicethey acted on was optimal, or even effective. Fraudand over-servicing are more likely when: diagnosis and follow-up occurs jointly, and verifying quality of the end result is difficult orcostly, because suppliers think the probabilityof detection is low (Darby and Karni 1973).Expert services are not considered further in thisreport, being the subject of other research byConsumer Affairs Victoria (CAV).Credence attributes and market responses havebeen described in: Golan et al (2000) an earlier Consumer Affairs Victoria researchpaper (CAV 2006b) earlier papers by the authors of this work (Coleand Harris 2003, 2004, 2005).The main points are summarised below.Consider a type of good with different brandsclaiming different qualities offered for sale atdifferent prices. If consumers cannot discoverwhether they are receiving low or high quality,then producers can falsely claim their product ishigh quality when it is not. Consumers are awareof their inability to verify quality. They protectthemselves by assuming that all products are oflow quality, so there is no market for the highquality goods and no price premiums (Akerlof,1974). This means bad products drive goodones out of the market; a process called ‘adverseselection’. For an example, refer to Box 2.5 Most of the document assumes the less informed purchasers areconsumers. However, sometimes it is other businesses who are the lessinformed purchasers.7

Credence attributes:Making honesty the best policyBox 2A market for grass-finished beef in the United States?Markets for grass-finished beef are just starting to emerge in the United States(US), based on health and other benefits relative to the regular grain-finishedbeef (Umberger, Boxall and Lacy, 2009). It is difficult for consumers to verifythe health and other benefits based on appearance or taste, so it is a credenceattribute. It costs more to produce grass-finished than grain-finished beef in theUS, and the article suggests that the price would be at least 10 per cent higherthan that for regular beef.The first diagram illustrates a market for regular beef.The second diagram shows a market for grass-finished beef. If some consumersare willing to pay at least Pg for the grass-finished beef, and some producerswilling to accept a price as low as Pg, then this market will emerge. Theeconomic surplus, or value to the economy, is the sum of the amounts someconsumers would have been willing to pay above that price (consumer surplus,area ‘a’) and the amounts that producers would have been willing to acceptbelow that price (producer surplus, area ‘b’).If a consumer believed regular beef was falsely sold as grass-finished beef, he orshe would not have the confidence to pay any more than the price for regularbeef. The market for grass-finished beef would not emerge.The loss to the economy would be ‘a’ plus ‘b’ minus the consumer andproducer surplus of the next-best alternative. The actual economic loss woulddepend on the demand and supply characteristics of the specific product andattributes being considered.6PRICEGrass-fed beef (g)PRICERegular beef (r)PrPgsupplyabdemandQrQUANTITYPr price of regular beefQr quantity of regular beefQgQUANTITYPg price of regular beefQg quantity of regular beef6 This is a highly simplified illustration, and the markets would actually be linked. This is complex to illustrate in adiagram. Using some strict assumptions, the linkages between the markets are illustrated in Perloff (2001, p 643).8

In summary, asymmetries can prevent marketsfor higher-quality attributes emerging. Whenthis happens, society forgoes some credenceattributes and ends up with an ‘adverse selection’of products or attributes relative to the fullinformation situation. CAV (2006a) indicates thatinsufficient information may affect three differentaspects of efficiency.1. Technical efficiency Full information – suppliers strive to improvequality and lower prices to attract consumers,by offering the quality consumers want at thelowest possible price. Poor information – suppliers are under lesspressure to improve quality and reduce costsbecause consumers cannot clearly identify thebest suppliers.there may be products that the consumerswould be willing to buy, if they could identifythem easily. As a result, the industry uses toofew of the economy’s resources. At the sametime, consumers are unable to choose easilybetween good and poor quality suppliers.Some use the poor suppliers by mistake,and resources in the industry do not floweffectively to good quality suppliers.2. Dynamic efficiency Full information – suppliers respond tochanges in consumers’ needs and preferencesby offering new products and discontinuingunwanted lines. Poor information – the signals to suppliersabout changes in consumer needs andpreferences are not clear, so suppliers do notrespond as quickly.3. Allocative efficiency Full information – consumers buy fromsuppliers providing the best options at thelowest possible prices. The most efficientsuppliers use the economy’s resources (people,capital, materials) to produce what consumersvalue most. Poor information – demand declines as someconsumers decide not to buy, because it istoo costly to get enough information to makea good choice. This happens even though9

Credence attributes:Making honesty the best policy3.2 Addressing theinformation problemWithout government intervention, producershave some incentives to supply informationand consumers have some incentives to findinformation. However, as explained in this section,the overall number of credence markets emergingfrom this process will be less than optimal forthe economy.Signals by producers to increase credibilityProducers want to highlight the positive attributesof their products. They might even competeby informing customers that their product doesnot have the negative attribute of some oftheir competitors.When producers want consumers to know abouta credence attribute, they can use signals tobolster the credibility of their claims. There arethree broad types of signals, as shown in Box 3.Signalling can increase consumer confidence andwillingness to pay, increasing the likelihood ofmarkets for some credence attributes emerging.10

Box 3Producer signalsThere are three broad types of producer signals.7Third party certification can signal the truth of a claim to customers. Thiswill usually include standards, testing, certification and enforcement (Golanet al, 2000). This is particularly attractive if companies think consumers arepessimistic about quality (McClusky and Louireiro, 2005). For example, the‘Good Environmental Choice’ label, managed by the Australian EnvironmentalLabelling Association (AELA) has a certified products register, and a greenprocurement database (www.geca.org.au/).‘Renting the reputation of a retailer’ is when a supplier sells througha retail chain whose brand would be harmed by false claims (Chu and Chu,1994). Often, the retailer will impose certain assurance systems on itssuppliers, so there may be mutual benefit. An example is Coles brand organicfresh produce.Investments can be used as signals by producers who label goods with theirown self-declared claims. Credibility can be signalled by making an investmentthat would be lost if cheating was discovered. For example Banrock Stationwinery advertises investment in biodiversity conservation that visitors cancheck; Bembridge Free Range Egg Farm has ‘visitors welcome’ on its label; andorganic shops rather than market stalls indicate proprietors want repeat customand are not ‘fly-by-night’ operations.7 International standards exist for various types of ecolabels, under the ISO 14020 series. In the box, the first is calleda ‘type I ecolabel’; the second and third would be classed as a ‘type II ecolabel’. Type III ecolabels are report-cards orquantified data that consumers can compare themselves; not usually initiated by producers.11

Credence attributes:Making honesty the best policyThe types of producer signals described inBox 3 only work for some producers in somecircumstances. Three variables will interact todetermine whether a market for a higher qualityattribute will emerge (Macho-Stadler and PerezCastrillo, 1997). These are the: signal cost additional cost of producing the credenceattribute (or high quality product) marginal benefit to consumers (the extra pricethey are prepared to pay for high quality).If enough consumers are willing to pay the costof producing the high quality good plus the costof the signal, there will be two markets – onefor high quality, and one for low. This is called a‘separating equilibrium’. However, the high qualitymarket will be smaller than the full informationcase because some consumers do not buy theattribute due to the additional signal cost. Also,those who do buy pay more than they would havein the full information case, where the signal costwould not have been necessary.Otherwise, the high quality market fails toemerge. This is called a ‘pooling equilibrium’.8Some consumers will switch to lower quality, andsome will leave the market altogether. This isstill the best outcome given the informationasymmetry, as the asymmetry is too costly forproducers to overcome.There are real-world situations where false claimspersist for some years. Does it take a long time toreach equilibrium, or are consumers aware of apotentially false claim yet still willing to pay?See appendix 2 for a case study of free-rangeegg labelling.If governments can reduce the cost of overcominginformation problems, then more credenceattribute markets can exist. In other words, there8 There may also be instances where both pooling and separating equilibriaare possible (Perloff, 2001).12will be more separating equilibria. Governmentwill often aim to increase the number ofseparating equilibria without being involvedin defining the attributes. When governmentdoes become involved by assisting with signalssuch as standards or certification, it is ‘pickingwinners’. This can create distortions, or allocativeinefficiencies, in the distribution of resourcesbetween different uses in an economy. Insteadof acting to improve market efficiency,inappropriate government interventions canhave the opposite effect.Some circumstances warrant governmentinvolvement in setting standards; when there isa public benefit and a full cost-benefit analysis,including comparisons with alternative methods ofachieving the policy objective (see section 4 andappendix 3).Consumer screeningIn some cases, consumers can obtain reliableinformation about quality from other sources, anduse this to screen out low quality (Perloff, 2001).However, this comes at a cost and can stop amarket emerging.Consumers can buy information about some typesof goods from experts who have no incentiveto provide misleading information. Examplesinclude RACV pre-purchase car inspections, andArchicentre pre-purchase house inspections.Positive information about specific labellingschemes, retailers or product brands buildsconsumers’ trust. For ‘experience’ goods, thepositive information comes when consumersdiscover the actual quality of their purchase. Forcredence attributes, this positive informationmight come from the media, fair trading agenciesand other sources.Reputation is important for repeat purchasesof goods, when consumers discover the qualityof their purchase (‘experience’ goods). For

reputation to work as a signal for credenceattributes, companies need to make conspicuousinvestments that will be lost if they are caughtcheating (see examples in Box 3). Consumersmight believe big supermarket chains would workhard to avoid any dishonest claims reflecting ontheir reputations.Consumer organisations carry out a rangeof activities, such as advocacy and providingindependent comparisons of brands or claims,on behalf of many consumers. To earn consumertrust, consumer organisations usually do notaccept any payments from industry and generatefunds by selling reports and memberships.9 Forexample, Choice provides this sort of informationfor specific products and brands in Australia. Thisis discussed further in section 4.2. the information has a public good aspectand all companies would benefit from onecompany’s claim; for example, oats improveheart health there is no competitive disclosure of negativeattributes; for example, there are no‘cholesterol-free’ eggs, so consumers are notalerted to the cholesterol content of eggs.Governments should aim to reduce informationcosts in the economy. This would increase theefficiency of existing credence markets and thenumber of emerging credence-attribute markets(that is, the number of separating equilibria).Finally, consumers know companies haveincentives to highlight all positive attributes, so theabsence of a claim about a product or service canimply something negative.3.3 Economic outcomes‘Information costs are as real as productioncosts’ – Shapiro (1983).The outcome of signalling and screening isthe emergence of some markets for credenceattributes, even in the presence of informationasymmetries. But signals are costly and imperfect,and consumers incur costs in identifying andinterpreting many signals. Therefore, someattributes, which would be profitable with fullinformation, are not produced. This might bebecause conditions are not right for a separatingequilibrium as discussed in section 3.2, or thereare no private incentives to promote a particularcredence attribute that consumers want. This canhappen when:9 Perloff (2001) lists this as a separate way of avoiding adverse selection.Screening is more of an individual action, whereas third party comparisonsare a collective screen available to all consumers, for claims that extendbeyond an individual item, to a brand or class of good.13

Credence attributes:Making honesty the best policy4. Policies to reduceimpacts of informationasymmetry‘Do not cheat if: Expected cost of cheating Expected profit from cheating’In an environment rich in trust and information,more credence-attribute markets will emerge andoperate efficiently.This section goes into more detail aboutappropriate roles for government discussed insection 3. It highlights the importance of generalinterventions, such as enforcement and educatingconsumers, and discusses when more specificor direct interventions may be warranted. Threetypes of intervention are discussed (Golan et al2000, Perloff 2001, PC 2008): creation and enforcement of fair trading rules actions that reduce the signalling cost andincrease consumer access to information direct intervention in credenceattributes markets.The goal is to reduce information asymmetry soconsumers can make their own well-informedchoices. As discussed, this will mean more of thesemarkets will emerge, and those that do exist willoperate more efficiently, to benefit consumersand producers. Again, this is not about changingconsumer preferences to achieve improvedoutcomes for animal welfare or the environment,although this may be a side effect of betterconsumer protection policy.Proposed government interventions shouldbe evaluated using a rigorous framework.Government should only pursue policies thataddress market failure without unwanted sideeffects, and deliver more net benefits thanalternatives. Policies introduced without this14rigour can cause problems with implementation,compliance, regulatory burden and unnecessarycosts to consumers and taxpayers.In response to concerns about poor policymaking, the Victorian Competition and EfficiencyCommission (VCEC) recommended Victoriaadvocate for a national food labelling review toestablish a better policy-making framework (VCEC(2007)). VCEC was particularly concerned abouthow decisions were made to mandate county-oforigin labelling and fortification of bread with folicacid. On 23 October 2009, it was announced thatDr Neal Blewett will chair a national food labellingreview (see www.foodstandards.gov.au).Diagram 1 represents an integrated compliancemodel for achieving good policy outcomes. Thevarious parts of this diagram are discussed in theremainder of this section.

Diagram 1Integrated model of compliance with lawPolicy is refining, adjusting or implementing one or a combinationof the contributing elementsPolicy is refining, adjusting or implementing one or a combination of the contributing elementsMonitoring complaints andproactive monitoring (inspections)Actioning complaints accordingto enforcement pyramidEnforcementpyramidPublicising monitoringand enforcementComplianceIncentives to complyAbility to complyrelated toProbabilityPenaltyProbability sellers attachto being caughtif non-compliantFines and/or otherdisciplinary measuresmultiplied byrelated toAbility of consumers toassess signals of ‘quality’and seek redressTrader knowledgeof lawImpacts on reputationTime costs(for exampledispute resolution)General information and educationSchemes tailored to specific industries(for example licensing, registration,codes of conduct, labelling)15

Credence attributes:Making honesty the best policy4.1 Fair trading rulesLegislationVictoria’s Fair Trading Act 1999 (and similarlegislation in other jurisdictions) help offset theconsumer disadvantage that can result fromunequal access to the information or bargainingpower needed to deal equally with suppliers.Section 9(i) of the Act states: ‘A person must not,in trade or commerce, engage in conduct thatis misleading or deceptive or is likely to misleador deceive’10. This is the law referred to in theintegrated compliance model (diagram 1).There is pressure to broaden regulation beyondfalse and misleading claims, to ‘address otherforms of environmental marketing messages suchas being vague or making claims that do notprovide the full picture’ (Choice, 2009b). WhileChoice focuses on regulatory enforcement, otherapproaches discussed in sections 4.2 and 4.3, suchas helping consumers read signals, might alsoachieve this broader goal.There can be subtle differences in policy goalsthat would influence government actions. Forexample, Consumer Affairs Victoria ‘protects andpromotes the interests of consumers’, which isquite broad. The Productivity Commission (PC,2008) proposed that the goal of consumer policyshould be ‘to improve consumer wellbeing byfostering effective competition and enablingthe confident participation of consumers inmarkets in which both consumers and supplierstrade fairly and in good faith’. The commission’srecommendations are now being translated into auniform Australian Consumer Law.The US Federal Trade Commission (US FTC) says itaims to ensure environmental claims are ‘truthful,substantiated, and not confusing to consumers’(Kohm, 2009). The explicit statement about notconfusing consumers might lead to a broaderrange of government actions.10 Sections 10 to 12 elaborate on this. Mirror legislation exists in otherAustralian jurisdictions.16Level of enforcementThe level of enforcement chosen by regulatorscan influence the number of separate credenceattribute markets that emerge (Anania and Nistico2003).11 As stated in CAV (2006b), any increasein enforcement should motivate producers to bemore truthful and consumers more confident thatwhat is for sale is truthful. Publicising enforcementbuilds confidence and balances media reportsabout discoveries of individual false claims.There have been calls for tougher enforcementof the false, misleading and deceptive claimslegislation, particularly for environmental claims,in Australia and internationally (Choice 2008). TheUS FTC is likely to increase its enforcement afternearly a decade of no prosecutions in the greenclaims area (Rosch 2008). The Australian nationalreview of food labell

Consumer Affairs Victoria (CAV). Credence attributes and market responses have been described in: Golan et al (2000) an earlier Consumer Affairs Victoria research paper (CAV 2006b) earlier papers by the authors of this work (Cole and Harris 2003, 2004, 2005). The main points are summarised below.

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