DECEPTIVE ADVERTISEMENT

By:By:Atithya VyasAtithya VyasDhruvi BhattDhruvi BhattKinjal VaghelaKinjal VaghelaShreya NairShreya NairDharmaraj WalaDharmaraj WalaYash JainYash Jain

Advertising?

• INFORMATION ADDRESSED TO THE PUBLIC

• CONVINCE THE AUDIENCE TO BUY THEIR PRODUCTS

WAYSWAYS to advertise to advertise • NEWS

PAPERS | MAGAZINES

Magazine ad for eye donation

• RADIO | TELEVISION | INTERNET

WAYSWAYS to advertise to advertise

• BILLBOARDS

WAYSWAYS to advertise to advertise

DeceptiveDeceptive advertising?advertising?

• FAKE / UNTRUE information advertised

• The consumers buy the products or visit the store

• ILLEGAL and UNETHICAL

HOWHOW do they do it?do they do it?

• VAGUENESSUse weasel words

to evade direct statements easily [ words like “HELP” or “up to” ]

HOWHOW do they do it?do they do it?

• CONCEALED FACTS

Advertisers hide unflattering information about their products in advertisements

HOWHOW do they do it?do they do it?

• Exaggeration Advertisers make

claims without concrete evidence

“usually occurs in the food industry”

HOWHOW do they do it?do they do it?

• Exaggeration GENeral Electric

advertised its 90 watt energy choice light bulb saying that it was a replacement for a normal 100 watt one

HOWHOW do they do it?do they do it?

• BAIT AND switch Advertise products

that are unavailable then the owners convince the customers to buy something else

HOWHOW do they do it?do they do it?

• BAIT AND switchA car sales showroom

puts a basic car outside with a very low price tag and Once the customer is interested the sales person trades them up to a more expensive model

WHYWHY do they do it?do they do it?

• Convince the customers to buy their products

• Get rid of defective products without any hassle

• Take advantage OF the customers lack of knowledge and trust

TheThe SOLUTIONSOLUTION??

Laws that affect Advertising in India Cable Television Network Act Drugs and Cosmetics Act Drugs Price Control Act, Drugs and Magic Remedies (Objectionable

Advertisements) Act, Emblems and Names (Prevention of Improper Use)

Act Copyright Act Trademarks Act Patents Act – Introduction to Intellectual Property

Right Indecent Representation of Women (Prohibition) Act

Advertising LawsAdvertising Laws

The Copyright Act, 1957

It is what the name itself suggests. Using copyrighted material of another person or company gives rise to liabilities.

The Trademarks

Act 1999

It had served its purpose and review of the

existing law was necessary because of

developments in trading and commercial

practices, increasing globalization of trade and

industry, etc a need for simplification and

harmonization of trademark and to give effect

to important judicial decision.

Hence the Trademark Act, 1999 Incorporated

the following

• The registration of trademarks for services in addition to goods

• Registration of trademarks which are limitation of well known trademarks not to be permitted.

• Simplified procedure for registration with equal rights

• Enhancing punishment for the offences relating to trade marks

• Appointing and Appellate Board for speedy disposal of appeals.

• The final authority for registration of certification trademarks to the Registrar instead of the Central Government

Forms of Trademark InfringementForms of Trademark Infringement

• “Actual confusion”

– Significant incidents in which a potential purchaser approached one source thinking it was another

• “Likelihood of confusion”

– Acts creating a substantial chance of actual confusion

– Likelihood is enough for a lawsuit

• “Palming off”, “passing off”

– A sells A’s product under B’s name

• “Reverse passing off”

– A sells B’s product under A’s name

CASE STUDIES

Case Studies: Case 1Case Studies: Case 1 Decision in favor of complainant Decision in favor of complainant

Brand- Bajaj Pulsar

Complaint- Visuals had bikers doing extreme stunts but the disclaimer was almost invisible. So complaint was filed keeping in consideration of the recent bike stunt mishaps.

CCC said that- This shows dangerous stunts without having a regard for safety and hence some action should be taken by the brand.

Result- Ad was modified with a clear disclaimer in the beginning itself.

Case Studies: Case 2Case Studies: Case 2 Decision in favor of complainant Decision in favor of complainant

Brand- AXE Dark Temptation Deodorant

Complaint- Ad is in bad taste and is vulgar, as it shows the girls licking and biting the boy. The scene of the girl biting his backside is highly objectionable.

• CCC said that- The Visuals were indecent and likely to cause grave or widespread offence.

Result- Ad was modified by deleting a few scenes

Case Studies: Case 3 Decision in favor of complainant

Brand- KFC

• Complaint- Car crashes after driver loses concentration while eating KFC product. Showing eating while driving a car, is promoting an unsafe practice. The words "non stop khao, non stop khilao", in conjunction with the Ad being of KFC bucket size pack, is clear intention of advertiser promoting over/excessive consumption of KFC, which being fried chicken has high content of fat in it.

• CCC said that- Visual depiction of the “driver licking his finger” implied that he has been eating whilst driving, which could result in harm to the driver/passengers. Ad shows a dangerous practice without justifiable reason

Result- Ad was modified

Case Studies: Case 4 Decision in favor of advertiser

Brand- MOTOROLA

• Complaint- A father telling his son to be responsible and not to litter the house. The son who is shown having a mobile phone (Motoyuva model) with earphones just keeps staring at his father and increases the voice of the music on the mobile hone therby making the voice of this father fading. Ad conveys the message that it is cool for today’s youth to just ignore what their elders are telling them.

• CCC said that- The “behaviour of the son ignoring his father”, as shown in the Ad, was not likely to cause grave or widespread offence.

Result- Complaint Not Valid

Case Studies: Case 5 Decision in favor of advertiser

Brand- BIG BAZAAR

• Complaint- Print ad has the tagline- “Is se sasta aur accha kahin nahi!”. According to the Complainant, there are

items available outside, which are cheaper than what Big Bazaar claims.

• CCC said that- Claim misleading by exaggeration.

• Result- The Advertiser provided comparative bills of Big Bazaar and other stores, which proved that on a basket of commodities, they are cheaper. So no changes to the ad was made.

BIG BAZAAR- Print ad