Commercial law. Inappropriate advertising (lecture notes)

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Commercial law. Inappropriate advertising (lecture notes)

Lecture notes, cheat sheets

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LECTURE #49

Inappropriate advertising - advertising that does not comply with the requirements of the legislation of the Russian Federation. Advertising must be honest and reliable. Unfair and inaccurate advertising is not allowed. An advertisement is deemed unfair if it:

1) contains incorrect comparisons of the advertised product with goods in circulation that are produced by another manufacturer or sold by other sellers;

2) discredits the honor, dignity or business reputation of a person, including a competitor;

3) is an advertisement of a product, the advertising of which is prohibited in this way, at this time or in this place, if it is carried out under the guise of another product, the trademark or service mark of which is identical or confusingly similar to the trademark or service mark of the product, in in relation to the advertising of which the relevant requirements and restrictions are established, as well as under the guise of advertising of the manufacturer or seller of such goods;

4) is an act of unfair competition in accordance with the antitrust laws.

An advertisement that contains untrue requirements is recognized as unreliable:

1) about the advantages of the advertised product over the goods in circulation, which are produced by other manufacturers or sold by other sellers;

2) about any characteristics of the product, including its nature, composition and method, date of manufacture, purpose, consumer properties, conditions for the use of the product, its place of origin, the presence of a certificate of conformity or a declaration of conformity, marks of conformity and signs of circulation on market, service life, shelf life of the goods;

3) on the range and configuration of goods, as well as on the possibility of their acquisition in a certain place or within a certain period of time;

4) on the cost or price of the goods, the procedure for its payment, the amount of discounts;

5) on the terms of delivery, exchange, repair and maintenance of goods;

6) on warranty obligations of the manufacturer or seller of goods;

7) on exclusive rights to the results of intellectual activity;

8) on the rights to use official state symbols and symbols of international organizations;

9) on official or public recognition, on receiving medals, prizes, diplomas or other awards;

10) on the recommendations of individuals or legal entities regarding the object of advertising or on its approval by individuals and legal entities;

11) on the results of research and testing;

12) on granting additional rights or benefits to the purchaser of the advertised product;

13) on the actual amount of demand for the advertised or other goods, etc.

Advertising must not:

1) induce to commit unlawful acts;

2) call for violence and cruelty;

3) be similar to road signs;

4) form a negative attitude towards persons who do not use the advertised goods, or condemn such persons.

Advertising is not allowed:

1) the use of foreign words and expressions that can lead to a distortion of the meaning of the information;

2) an indication that the object of advertising is approved by state authorities, local governments or their officials;

3) demonstration of the processes of smoking and consumption of alcoholic products;

4) use of images of medical workers, except for such use in advertising of medical services;

5) an indication that the advertised product is produced using human embryonic tissues;

6) an indication of medicinal properties.

Advertising is not allowed to use swear words, obscene and offensive images, comparisons and expressions, including in relation to gender, race, nationality, profession, special category, age, official state symbols, religious symbols, cultural heritage sites.

The use of hidden advertising in radio, television, video, audio and film products or in other products is not permitted.

It is not allowed to place advertisements in textbooks intended for teaching children according to programs of primary general and basic general education, school diaries, as well as in school notebooks.

In order to protect minors from abuse of their trust and lack of experience, advertising is not allowed:

1) discrediting parents and educators, undermining the confidence in them among minors;

2) encouraging children to convince parents or other persons to purchase the advertised product;

3) the creation in minors of a distorted idea of the availability of goods for a family with any level of income;

4) creating in children the impression that the possession of the advertised product puts them in a preferable position over their peers;

5) the formation of an inferiority complex in minors who do not possess the advertised product;

6) showing minors in dangerous situations;

7) the formation of an inferiority complex in minors associated with their external unattractiveness. Advertising is not allowed:

1) goods, the production and (or) sale of which is prohibited by the legislation of the Russian Federation;

2) narcotic drugs, psychotropic substances and their precursors;

3) explosive substances and materials, with the exception of pyrotechnic products;

4) human organs and (or) tissues as an object of sale and purchase;

5) goods, in the absence of state registration;

6) goods subject to mandatory certification, in the absence of such certification;

7) goods, the production or sale of which requires obtaining licenses or other special permits (in the absence of such permits).

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