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Nehf, James P. --- "Misleading and Unfair Advertising" [2010] ELECD 170; in Howells, Geraint; Ramsay, Iain; Wihelmsson, Thomas; Kraft, David (eds), "Handbook of Research on International Consumer Law" (Edward Elgar Publishing, 2010)

Book Title: Handbook of Research on International Consumer Law

Editor(s): Howells, Geraint; Ramsay, Iain; Wihelmsson, Thomas; Kraft, David

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847201287

Section: Chapter 5

Section Title: Misleading and Unfair Advertising

Author(s): Nehf, James P.

Number of pages: 23

Extract:

5. Misleading and unfair advertising
James P. Nehf*



1. Introduction
When policy makers regulate advertising, the resulting laws generally take one
of two forms, or some combination of both. Laws either set standards that
prohibit misleading and unfair advertising in commerce generally, or they
regulate certain sectors or marketing practices specifically. Regardless of the
form of regulation, laws against misleading advertising are designed to help
consumers make better informed decisions based on accurate information,
which may result in more efficient market transactions. In some situations, a
more interventionist approach is pursued, and regulators prohibit certain
advertising practices that are deemed to be unfair, regardless of the accuracy
of the information conveyed. Laws against unfair advertising further other
public, health, environmental, or social policy goals by tightly regulating or
banning the marketing of certain categories of products or services, even when
they are not necessarily misleading.
This chapter discusses the regulation of misleading and unfair advertising in
consumer-targeted media. It first examines approaches to the regulation of
advertising in general and provides an overview of basic standards for deter-
mining both misleading and unfair advertising. Section 3 addresses the regula-
tion of advertising in five specific subject areas that lawmakers have targeted for
special treatment in many countries. Subjects addressed include: comparative
advertising, tobacco advertising, alcohol advertising, environmental claims, and
advertising to children. The final section discusses three types of enforcement
regime, which is a matter of paramount importance if the regulation of advertis-
ing is to achieve its objective ...