A deceptive advertisement is one that contains any deceptive information related to the object of the advertisement and/or the advertiser. Misleading advertising is an advertisement that lacks some of the essential information about the advertised product, about the conditions for its purchase or use, if the meaning of the information is distorted and the advertising consumers are misled (FTC, 1983). Creative slogans in advertising can appear very expensive for companies in the form of fines since the regulatory requirements of the Federal Trade Commission are quite strict.
The inevitable contradiction between the interests of entrepreneurs who intend to attract buyers by showing only the best side of the product and the interests of consumers who need complete and accurate information is, in many cases, the cause of a situation that in the legislation is defined as “misleading.” Advertising misleading consumers is one of the violations of advertising laws and must be immediately suppressed. In the case under consideration, the water was not from spring sources, while its name sounds like “Arctic Springs,” which is misleading the buyer. The manufacturer could create an aura of freshness which he claims, for example, by the words “fresh as a spirit of Arctic.” The ad contains omissions of material information, according to FTC rules (FTC, 1983). Such advertising can provide unjustified competitive advantages to an unscrupulous advertiser and, therefore, harm its competitors, disorient the consumers, depriving them of the opportunity to make a reasonable choice of goods.
References
FTC (1983). FTC policy statement on deception. Web.