Abstract
Research on the reliability of eyewitness memory for criminal events has been extensively studied, but eyewitness memory in civil cases has not. However, many of these civil cases revolve around eyewitness memory for events that transpired decades ago. We have developed a paradigm with which to study memory for specific product brand identification, a common question in civil cases involving product liability. Participants were asked to follow recipes and were then given surprise memory tests on the specific brands of products used. In addition, they were asked to report their subjective confidence for each response. Memory and performance was poor after even a brief delay, as was metamemory accuracy: Confidence regarding brand name recall was a poor indicator of accuracy. Participants also displayed a strong familiarity bias. They frequently reported using familiar, common brands, when no such products were actually used. This was especially true at longer delays, after which false identification of familiar products was twice as common as correct responses.