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Examples of false advertising: distinctive features and possible consequences

Posted: Wed Jan 22, 2025 4:46 am
by maksudasm
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What are we talking about? Examples of unfair advertising arise with enviable regularity when companies try to stand out from their competitors. It is necessary to distinguish unfair advertising from false advertising.

How to check? If you architect database are creating an advertising product and doubt its legality, you should contact the FAS portal, which regularly posts explanations and examples on it.



The article explains:

The concept and differences of unfair advertising
Types of false advertising
Rules to help you create legal advertising
How to check advertising for integrity and other parameters
Examples of unfair advertising in Russia
Examples of unfair advertising abroad
Liability for false advertising
Protection from unfair advertising

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The concept and differences of unfair advertising
To stand out from competitors and make their PR campaigns more visible, some brands use not entirely honest methods. Various examples of unfair advertising, of course, attract the attention of the target audience, but also violate current legislation.

Federal Law of the Russian Federation No. 38 "On Advertising", adopted on 13.03.2006, currently serves as the main regulatory act ensuring the protection of domestic consumers from dishonest PR specialists. The first article of this law indicates that buyers have the right to receive reliable information. The very concept of unfair advertising is disclosed in Art. 5 of the Federal Law of the Russian Federation "On Advertising". It is indicated here that such a definition, in particular, includes cases of incorrect comparison of products of different manufacturers or seller companies.

The concept and differences of unfair advertising

"Inappropriate advertising" is a general term used in the federal law in question. This category includes any PR messages that do not comply with established principles, including false and unethical information.

Let's look at examples when advertising can be considered unfair:

Incorrect comparisons with similar products of competitors are used. Here we can recall the sensational story of the confrontation between the brands "Burger King" and "McDonald's". Representatives of the first brand often installed their advertising modules near the banners of the second with the information that their burgers are bigger and tastier.

Contains information that discredits the business reputation of competitors or affects their honor and dignity. An example of such unfair advertising can be the videos created by the company "Daria" and the concern "Ravioli". PR specialists of the first company released a video in which a cartoon character pushed away a plate with a competing product, pronouncing the memorable slogan: "Your raviolets will give you stomach cramps." In response, marketers from "Ravioli" promoted the PR with the words: "Dashka, scat!"

Under the guise of promoting one product, another is advertised that falls into the category of prohibited goods. For example, the manufacturer placed a memorable dog paw print on the labels of bottles of Husky vodka. Then billboards were installed on busy highways. They depicted a husky team and the same print. There was no information about the vodka, but consumers, seeing the familiar element, immediately understood what was being discussed. As the manufacturer itself stated, such banners advertised the "Society of Husky Dog Lovers", and not alcohol, which is prohibited for advertising in the Russian Federation.

Includes false information that could harm competitors. For example, the Vedomosti publication posted posters with the text: “Businessmen don’t decide anything until they read Vedomosti.” This slogan was designed to convey to readers the idea that their competitors from the Kommersant newspaper get their ideas from Vedomosti.

Unfair advertising