Misleading advertising


In recent decades, commercial advertising has changed a lot, both for increasingly powerful means of dissemination of technological development made available, either because they are profoundly changed the same mode of communication, in turn influenced by changes in social reality and lifestyles.



The advertisement, as an information tool for the public, tends to become a vehicle orientation choices, suitable to stimulate the needs, to induce the purchase.

The advertisement has become an object of study with the aim of making it more sophisticated and persuasive as possible.

To realize this, and detect roughly the transformation of the mode of communication, just remember the old TV commercial made of Carousel, then more recently the one made by Barilla, and finally those very recent, hyperbolic, almost unreal, where it counts just the product and its characteristics, but it counts only what wants to convey the message.

The latest regulations on advertising contains containment principles and control in order to prevent advertisements from becoming tools of distortion of consumer choice.

In particular, misleading advertising is governed by Legislative Decree no. 145/2007 on the protection of the professional, and the Legislative Decree no. 146/2007, update of the Consumer Code in art. 18 to 27. It was previously governed by 'art. 20 d. lgs. 206/2005.

Below, a list of rules and regulations on the subject, also reported in the extras section here by side, together with insights and news:

Legislative Decree n.206 / 05

d. Decree no. 145/07

d. Decree no. 146/07

Misleading advertising

The Law says that advertising must be clear, truthful and accurate.

Advertising must be clear, and that must be recognizable as such (obligation for advertising recognition).

The editorial advertising, product placement and sponsorship are typical examples of advertising is not clear, of disguised advertising. The advertising deception is very effective because the consumer, ignoring to be the recipient of an advertisement, not hiding behind the natural defenses of the doubt and the search for a form of verification of what he is hearing and seeing.

Even more so, it is forbidden to subliminal advertising, that advertising does not perceptible on a sensory level, which, as such, presents the maximum index of insidiousness, precisely because it does not cause any resistance on the part of the recipient of the subliminal message.

All this, to the detriment of competition, which undergoes an economic disadvantage for the unfair misappropriation of a client.

Moreover, advertising must be truthful. Advertising, especially the modern one, possesses a remarkable ability to mislead its recipients, which, however, to be truthful, to be transmitted in accordance with a principle of reasonableness. Given that "the market is an excellent collection and information transmission mechanism", and that "advertising is the provision of information on the existence and the quality of the product", it follows that, to be truthful, advertising must provide data sufficient and accurate on a concrete product, well determined and defined in its characteristics.

Unfortunately, it is difficult to ascertain whether advertising is truthful. The very often advertising deception lies not in what you say but how you say it, and especially in what is "added" to the product as such to enrich it of imaginary values.

Finally, the advertisement must not only be correct but should avoid anything that might discredit it.

Thus, the law says not only the trader competitor right not to be damaged, but also the advertiser's duty not to engage in misleading advertising while respecting the principle of fairness.

The advertising deception can cause the effect of "dirtying" the flow of information that advertising conveys to the public, making it increasingly skeptical and indifferent. President Kennedy, in his message on the defense of consumer interests, stated: "all of us are consumers"; No final, precisely considering that each citizen is a potential consumer, improper advertising could pollute the so-called "commercial confidence" of citizens.

Comparative advertising

For "comparative advertising" shall mean any advertising which explicitly or implicitly identifies a competitor or goods or services offered by a competitor. A generic product superiority claim is prohibited if comparative with others of the same kind.

With regard to the comparison, comparative advertising is to be permitted, if it fulfills the following conditions: that it

a) it is not misleading within the meaning of Article 2, letter b, and Articles 3 and 8 of paragraph 1 of this Directive or Articles 6 and 7 of Directive 2005/29 / EC of the European Parliament and of the Council of '11 May 2005 concerning unfair commercial practices affecting consumers in the internal market (the unfair commercial practices Directive) [7];

b) it compares goods or services meeting the same needs or intended for the same purpose;

c) it objectively compares one or more material, relevant, verifiable and representative, which may include price of those goods and services;

d) it does not discredit or denigrate the trade marks, trade names, other distinguishing marks, goods, services, activities or circumstances of a competitor;

e) for products with designation of origin, it relates in each case to products with the same designation;

f) does not take unfair advantage of the reputation of a trade mark, trade name or other distinguishing marks of a competitor or of the designation of origin of competing products.

g) does not present goods or services as imitations or replicas of goods or services bearing a protected trade mark or trade name;

h) it does not create confusion among traders, between the advertiser and a competitor or between trade marks, trade names, other distinguishing marks, goods or services of the advertiser and those of a competitor.


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