ABSTRACT
A vital aspect of mass experimentation that touches the lives of individuals concerns people's knowledge of the features and qualities of activities or products. The case of products is especially illustrative of this knowledge element. The market for prescription medical products involves experiments on millions of persons. The more precise the language of the portrayal of a product or service—even the images the portrayal projects—the more inclined courts will be to hold the represented to its language, thereby enforcing the trust that specific words build. The presentation of products, and indeed of activities involving products that will affect consumers, may influence courts to impose liability on theories that are not directly based on representations. We may view representations made for products as lenses for consumer choice—for consumers to choose to subject themselves to these miniature experiments.
