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Deceptive Advertising Laws and Case Studies
- 1. DECEPTIVE ADVERTISEMENT By:By: Atithya VyasAtithya Vyas Dhruvi BhattDhruvi Bhatt Kinjal VaghelaKinjal Vaghela Shreya NairShreya Nair Dharmaraj WalaDharmaraj Wala Yash JainYash Jain
- 2. Advertising? • INFORMATION ADDRESSED TO THE PUBLIC • CONVINCE THE AUDIENCE TO BUY THEIR PRODUCTS
- 3. WAYSWAYS to advertiseto advertise • NEWS PAPERS | MAGAZINES Magazine ad for eye donation
- 4. • RADIO | TELEVISION | INTERNET WAYSWAYS to advertiseto advertise
- 5. • BILLBOARDS WAYSWAYS to advertiseto advertise
- 6. DeceptiveDeceptive advertising?advertising? • FAKE / UNTRUE information advertised • The consumers buy the products or visit the store • ILLEGAL and UNETHICAL
- 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
- 17. It is what the name itself suggests. Using copyrighted material of another person or company gives rise to liabilities.
- 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
- 23. CASE STUDIES
- 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.
- 29. BIG BAZAAR- Print ad
Notas del editor
- 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