7. HOWHOW do they do it?do they do it?
• VAGUENESS
Use weasel words
to evade direct
statements easily
[ words like
“HELP” or “up
to” ]
8. HOWHOW do they do it?do they do it?
• CONCEALED
FACTS
Advertisers hide
unflattering
information about
their products in
advertisements
9. HOWHOW do they do it?do they do it?
• Exaggeration
Advertisers make
claims without
concrete
evidence
“usually occurs in the food
industry”
10. HOWHOW do they do it?do they do it?
• Exaggeration
GENeral Electric
advertised its 90
watt energy
choice light bulb
saying that it was
a replacement for
a normal 100 watt
one
11. HOWHOW do they do it?do they do it?
• BAIT AND switch
Advertise products
that are
unavailable then
the owners
convince the
customers to buy
something else
12. HOWHOW do they do it?do they do it?
• BAIT AND switch
A car sales showroom
puts a basic car
outside with a very
low price tag and
Once the customer is
interested the sales
person trades them
up to a more
expensive model
13. WHYWHY do they do it?do they do it?
• Convince the
customers to buy
their products
• Get rid of defective
products without any
hassle
• Take advantage OF
the customers lack of
knowledge and trust
15. Laws that affect Advertising in India
Cable Television Network Act
Drugs and Cosmetics Act
Drugs Price Control Act,
Drugs and Magic Remedies (Objectionable
Advertisements) Act,
Emblems and Names (Prevention of Improper Use)
Act
Copyright Act
Trademarks Act
Patents Act – Introduction to Intellectual Property
Right
Indecent Representation of Women (Prohibition) Act
Advertising LawsAdvertising Laws
19. It had served its purpose and review of the
existing law was necessary because of
developments in trading and commercial
practices, increasing globalization of trade and
industry, etc a need for simplification and
harmonization of trademark and to give effect
to important judicial decision.
20. Hence the Trademark Act, 1999 Incorporated
the following
• The registration of trademarks for services in
addition to goods
• Registration of trademarks which are
limitation of well known trademarks not to be
permitted.
• Simplified procedure for registration with
equal rights
21. • Enhancing punishment for the offences
relating to trade marks
• Appointing and Appellate Board for speedy
disposal of appeals.
• The final authority for registration of
certification trademarks to the Registrar
instead of the Central Government
22. Forms of Trademark InfringementForms of Trademark Infringement
• “Actual confusion”
– Significant incidents in which a potential purchaser approached
one source thinking it was another
• “Likelihood of confusion”
– Acts creating a substantial chance of actual confusion
– Likelihood is enough for a lawsuit
• “Palming off”, “passing off”
– A sells A’s product under B’s name
• “Reverse passing off”
– A sells B’s product under A’s name
24. Case Studies: Case 1Case Studies: Case 1
Decision in favor of complainantDecision in favor of complainant
Brand- Bajaj Pulsar
Complaint- Visuals had bikers doing extreme stunts but
the disclaimer was almost invisible. So complaint was
filed keeping in consideration of the recent bike stunt
mishaps.
CCC said that- This shows dangerous stunts without
having a regard for safety and hence some action
should be taken by the brand.
Result- Ad was modified with a clear disclaimer in the
beginning itself.
25. Case Studies: Case 2Case Studies: Case 2
Decision in favor of complainantDecision in favor of complainant
Brand- AXE Dark Temptation Deodorant
Complaint- Ad is in bad taste and is vulgar, as it shows
the girls licking and biting the boy. The scene of the
girl biting his backside is highly objectionable.
• CCC said that- The Visuals were indecent and likely to
cause grave or widespread offence.
Result- Ad was modified by deleting a few scenes
26. Case Studies: Case 3
Decision in favor of complainant
Brand- KFC
• Complaint- Car crashes after driver loses concentration while
eating KFC product. Showing eating while driving a car, is
promoting an unsafe practice. The words "non stop khao, non stop
khilao", in conjunction with the Ad being of KFC bucket size pack,
is clear intention of advertiser promoting over/excessive
consumption of KFC, which being fried chicken has high content of
fat in it.
• CCC said that- Visual depiction of the “driver licking his finger”
implied that he has been eating whilst driving, which could result in
harm to the driver/passengers. Ad shows a dangerous practice
without justifiable reason
Result- Ad was modified
27. Case Studies: Case 4
Decision in favor of advertiser
Brand- MOTOROLA
• Complaint- A father telling his son to be responsible and not to litter
the house. The son who is shown having a mobile phone
(Motoyuva model) with earphones just keeps staring at his father
and increases the voice of the music on the mobile hone therby
making the voice of this father fading. Ad conveys the message
that it is cool for today’s youth to just ignore what their elders are
telling them.
• CCC said that- The “behaviour of the son ignoring his father”, as
shown in the Ad, was not likely to cause grave or widespread
offence.
Result- Complaint Not Valid
28. Case Studies: Case 5
Decision in favor of advertiser
Brand- BIG BAZAAR
• Complaint- Print ad has the tagline- “Is se sasta aur
accha kahin nahi!”. According to the Complainant, there are
items available outside, which are cheaper than what Big
Bazaar claims.
• CCC said that- Claim misleading by exaggeration.
• Result- The Advertiser provided comparative bills of Big
Bazaar and other stores, which proved that on a basket of
commodities, they are cheaper. So no changes to the ad
was made.
Advertising is a form of information that is addressed to the public in order to convince the audience watching to buy the products, or visit the business’ store
There are several different ways businesses advertise their products and services :- On Print Media, those are news papers and magazines, on Mass Media, those are radio advertisements, televisions and the internet and Outdoor Advertising as well, things such as billboards and stuff
There are several different ways businesses advertise their products and services :- On Print Media, those are news papers and magazines, on Mass Media, those are radio advertisements, televisions and the internet and Outdoor Advertising as well, things such as billboards and stuff
There are several different ways businesses advertise their products and services :- On Print Media, those are news papers and magazines, on Mass Media, those are radio advertisements, televisions and the internet and Outdoor Advertising as well, things such as billboards and stuff
False advertising however is fake or untrue information about a product that is advertised to the public so that they consumers will buy the product or visit the store. This is illegal and terrible unethical.
There are ways that businesses carry out false advertising. Firstly, they use a technique known as “Ambiguity” or Vagueness. This is when they use “WEASEL” words to avoid direct statements that they have made. These word can be words such as “help” or “ “up to”. For example, a product could, “HELP” to prevent tooth decay. So if it doesn’t, the consumer cannot sue the business. Or when a product can kill “UP TO” 99% of bacteria. If it kills only 1% of bacteria, the consumer cannot sue the business
Another way businesses falsely advertise their products is by hiding unflattering information about their products. This is so that the customers do not know they “dark side” of the products until they want to try it out AFTER they purchase it.
Businesses also tend to exaggerate their products. They make claims about their products without concrete evidence! This usually happens when new vitamins or supplements come out and they want customers so desperately.
GE also exaggerated their 90 watt light bulb saying that it was better than your conventional light bulb. Actually, it just produced fewer lumens than any other light bulb.
The Bait and Switch tactic is when the store owners advertise products that are limited or not in stock at all. Then when the customers arrive at the store, the store owners convince the customers to buy another product. Although this may seem like not a big problem, it is illegal and if a store is caught, they can be charged.
For example, when a car sales showroom puts a normal looking car outside with an unreasonably low price tag the customer would be very interested. I mean who wouldn’t right? But once the customer enters the shop, the sales person will introduce a more expensive model to the customer and persuades him/her to purchase the car.
But why do businesses do it? Well, this is so that they can convince the customers to buy their products. Some businesses also want to get rid of defective good quickly so they advertise it without telling the audience that they are defective. Businesses usually take advantage of the customers trust and lack of knowledge. However, if customers do find out, the businesses will most likely lose their customer loyalty and their sales will definitely spiral down.
So how does one solve the abomination that it false advertising? One way is through the FTS