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 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? 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 Cease-and-desist orders Restitution (compensation) Affirmative disclosures Corrective advertising