Audit of advertisements for compliance with legal requirements | Law&Trust International

Advertising is the most common marketing method and is used by almost every company on the market in one form or another. Advertising has enormous potential and can reach a vast number of people, especially in the era of the Internet and digital technologies. Since advertising sees a considerable amount of people every day, almost all states have introduced legislative measures to regulate advertising to protect potential buyers of a product or service from false information.

Any promotional material must develop in strict accordance with the law of the applicable jurisdiction (where advertising is distributing). When creating and placing advertising materials, an audit of an advertising campaign project must be especially careful always to act following the law, taking special care when creating advertising materials for children, articles aimed at promoting goods and services with potentially high risk (for example, gambling or investment services).

Failure to comply with the law on advertising can express in a series of a vast number of lawsuits against your project.

The truth is in advertising

First of all, when preparing advertising materials, it is necessary to take into account that you are obliged to provide only correct information about your product or service. Attention should pay to the fact that advertisers must also have evidence confirming the veracity of statements.

Unscrupulous advertising is advertising that:

  • Denigrates the honour, dignity or business reputation of a competitor (contains inaccurate comparisons of the advertised product with the goods of another manufacturer that are in circulation);
  • Represents an advertisement of a product whose advertising prohibited in this way, at a given time or in a given place;
  • An act of unfair competition.

Invalid advertisements admit that contain false information:

  • About the advantages of the advertised product over other goods in circulation that are produced by different manufacturers;
  • About any characteristics of the product: its nature, composition, method and date of manufacture, purpose, consumer properties, etc.;
  • About the assortment and a complete set of goods, about the possibility of their acquisition in a particular place or within a specified period;
  • About the cost of products, the order of its payment, the number of discounts, etc.
The law also regulates the list of goods that are not allowed to advertise, the nuances when concluding contracts for social advertising, the rules for displaying advertising in TV programs, TV shows and on the Internet.

Advertising for children

Even if your advertising materials are correct, it is necessary to take into account the fact that the vast majority of countries in the world place increased demands if a product or service is advertising that somehow targets the child consumer. When checking advertising materials for compliance with advertising legislation, the following key factors should be investigating:

Factors:

  • Good faith
  • Reliability
  • The risks of recognizing the advertised product as a product for children
  • The relevance of the advertised product to the type of advertising which is limited
  • The risks of copyright infringement when creating marketing material

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