misleading advertisement

misleading advertisement

an advertisement which infringes the law controlling misleading advertisements now derived from European Union regulations. An advert is misleading if it deceives or is likely to deceive its audience and affect their economic decision-making. This also applies if it harms or is likely to harm a competitor of the organization placing the advertisement. A misleading advertisement can be a spoken statement given by a sales representative, in person or over the phone. An advert can be deceptive in various ways, for example, if it contains a false statement of fact, conceals or leaves out important facts, promises to do something but there is no intention of carrying it out or even if it creates a false impression, even if everything stated in it may be literally true.

Comparative advertisement, where the advertisement identifies - either plainly or by implication - a competitor or their goods or services, is allowed, but only if it is not misleading and meets a number of other conditions. It must compare goods or services on a like-for-like basis; objectively compare representative features of those goods and services, which may include price; it does not create confusion in the market regarding the identity of the advertiser and its competitors. This includes matters such as competing trademarks, trade names, goods or services; it does not exploit the reputation of a trademark, trade name, etc, of a competitor or of the place of origin of competing products; it does not present goods or services as imitations or replicas of goods or services bearing a protected trademark or trade name. When a comparative advertisement refers to a special offer it must also include further information in a clear and unequivocal way. That includes the date on which the offer ends or, where appropriate, the period during which the special offer applies. The Office of Fair Trading has extensive enforcement powers but cannot act on issues of taste or decency.

References in periodicals archive ?
Talking about Punjab Food Authority (PFA) and related Act, Noor Ul Amin Mengal, Director General, PFA, said that efforts are underway to frame a law for tackling the issue of misleading advertisement and deceptive marketing practices, which would help stop exploitation of consumers.
The violator shall be punished with a fine of no less than EGP 50,000 and no more than EGP 1m or a value agreed with the advertising company that produced the misleading advertisement, whichever is greater.
In order to protect the citizens from misleading advertisement and health risk, all TV channels are hereby advised to ensure strict compliance of provisions of the Drug and Magic Remedies (Objectionable Advertisements) Act 1954 and Drug and Cosmetic Act 1940 as amended from time to time," the advisory read.
7394) which, among others, prohibits the use of false, deceptive and misleading advertisement to induce or, likely to induce, directly or indirectly, the purchase of consumer products or services.
It follows that non-specification of FUP is an indication of a false, deceptive or misleading advertisement," the advisory added.
The law states in Article 11 that a misleading advertisement is one that misrepresents either directly or indirectly and in Article 15 that a supplier must specify the period of time for which an offer is good.
The Bulgarian Supreme Administrative Court has confirmed sanctions against "Proctor&Gamble International Operations" over misleading advertisement.
Obviously, the application of this provision is limited only by the imagination of the person who seeks to create a materially misleading advertisement.
Another misleading advertisement might state that there is a rate of $0.
She said: "I felt it was a misleading advertisement in that it led readers to an assumption that the Waterside Restaurant and Bistro had won awards for good food and international cuisine.
The Canadian law's definition of a misleading advertisement is quite similar to the definition under US law.