UNFAIR ADVERTISING. VIOLATION OF ADVERTISING LEGISLATION

Since it is advertising that is the most effective tool for influencing people when selling a particular product or service, it is worth understanding the concept of "unfair advertising".

The Law of Ukraine "On Advertising" defines that "unfair advertising is advertising that misleads or may mislead consumers of advertising, cause harm to individuals, the state or society due to inaccuracy, unreliability, ambiguity, exaggeration, silence, violation of requirements regarding time, place and method of distribution".

Unfair advertising is prohibited by law.

The definition of unfair advertising provided by the Law of Ukraine "On Advertising" is quite broad and contains signs of various types of violations of the legal requirements for advertising. Such a definition reveals the phenomenon of advertising that does not meet the principles of advertising established by law, as well as the basic requirements for advertising, violating the established restrictions.

Misleading advertising consumers is the distribution of advertising, which in its content does not correspond to reality, contains false information about the advertised object or other false information.

At the same time, the fact of causing damage (may be of a material or moral nature) to at least one category of subjects specified in the given definition is sufficient for advertising to be classified as unconscionable.

Misleading and causing damage may occur as a result of inaccuracy, unreliability of the content of the advertisement, ambiguity of statements and assertions presented in it, exaggeration of the advantages of the advertised object, as well as silence of its shortcomings.

However, it should be borne in mind that advertising containing inaccuracies, inaccuracies, ambiguity, exaggerations or omissions can only be considered unfair if the presence of such factors causes harm.

Violation of the requirements regarding the time, place and method of distribution of advertising is the basis for classifying it as unconscionable only if the relevant requirements regarding the time, place and method of distribution of advertising are established by law. The presence of direct damage from the violation of the specified requirements is not a mandatory requirement in such a case.

Liability for violations of advertising legislation is provided for in Article 27 of the Law of Ukraine "On Advertising" and the Procedure for imposing fines for violations of advertising legislation, approved by Resolution № 693 of the Cabinet of Ministers dated 05/26/2004.

"Prikhodko&Partners" Law Company not only performs legal analysis of advertising material, but also helps in the implementation of control measures by the State Production and Consumer Service.