Advertising Regulation
Vulnerable areas
• Tobacco and alcoholic beverages
• Food advertising – nutrition and health
claims
• Children advertising
• Advertising to old people
• Environmental issues
Control authorities
• Ministry of I&B
• ASCI
• Other formal bodies eg. AAI, Mumbai Ad
Club, etc
Legal issues
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Subject to the law of contracts
“Passing off”
Copyright protections
Intellectual Property Rights
“Puffery”
To a certain extent most advertising suffer
from this. It is usually exaggerated claims,
using superlatives, etc.
Deceptive Advertising
• Differs from the reality of the situation –
misrepresentation or omission
• Affects buying behaviour to the detriment
of the consumer – consumer has believed
the communication and acted accordingly
• Consumer injury is possible and he/she
might have acted differently if the facts
were communicated
What is deceptive advertising?
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Suggesting a small difference is important
Artificial product demonstrations
Using an ambiguous or easily confused phrase
Implying a benefit that does not fully or partially exist
Implying that a product benefit is unique to that brand
Implying that a product benefit is needed or a product will fulfill a
benefit when it will not
Incorrectly implying that an endorser uses and advocates the brand
Omitting a needed qualification
Making a claim without substantiation
Bait and switch
Disguising advertising as news
Infringing IPR
Misperception
When communication is vague and
ambiguous, imperfect comprehension or
miscomprehension can lead to
misperception
Remedies
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Cease-and-desist orders
Restitution (compensation)
Affirmative disclosures
Corrective advertising