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 ?
The Bulgarian Supreme Administrative Court has confirmed sanctions against "Proctor&Gamble International Operations" over misleading advertisement.
This is really a misleading advertisement. I hope my concern will be viewed by the public in order for them to be aware of such a promotion that is not real.
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.
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 Federal Trade Commission filed a district court complained for a preliminary injunction to prohibit false and misleading advertisement of SCSS.
An official spokesperson for the Dubai Land Department will warn the company to rectify the misleading advertisement prior to imposing the fine, as per Emarat Al Youm report.
Antimicrobial Resistance National action plan Pakistan problem of AMR is growing in Pakistan due to unnecessary large number of registered products (approx 50,000); unjustified or misleading advertisement with only 15 percent brochures meeting WHO criteria; self medication is more than 50 percent and 600,000 quacks in country.
"It becomes misleading advertisement if it is found that the product does not have the attributes that the manufacturer professed.
It follows that non-specification of FUP is an indication of a false, deceptive or misleading advertisement," the advisory added.
Bulgaria's Commission for Competition Protection (KZP) had fined the wholesale trader "Metro Cash and Carry" with BGN 97 500 over a misleading advertisement.
Isn't this a bit of a misleading advertisement as only one original member of the band is left and even then I wouldn't call Mike Love a leading member, tending to be on the outer fringe of the original line-up.