Deceptive Advertising – An Essay
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The role of advertising in our free market society is to help develop products that satisfy consumer demands and to spur effective price competition. Advertising informs consumers about the availability of products, their features, and price information. Such information is vital to our competitive process 短片製作公司. Advertisers employ unfair business practices in order to gain an unfair advantage above their competitors and to deceive consumers. The following essay examines the common types of deceptive acts and practices involved and the federal government agency that regulates advertisers. Government regulation provides a delicate balance between free business enterprise and consumer protection.
Businesses rely on advertising as a vital communication tool to reach potential consumers. Important information about the company and product features is conveyed to consumers in an attempt to offer them products that satisfy their wants and needs. In addition to print, radio, and television, laws governing advertising also cover signs, billboards, pamphlets, pictures or emblems, and direct and oral advertisements to consumers. To a certain degree advertising is protected by our courts under “commercial freedom of speech” guidelines. However, the information conveyed to consumers must be perceived as “truthful” in order to be protected against arbitrary government intrusion.
Consumers are protected from advertisers that intentionally or inadvertently mislead in promoting their products. Two main areas that consumers are protected from are false advertising and unfair acts or practices. False advertising is when an advertisement is misleading through a made or suggested statement, word, device, sound, or omission of material facts with respect to consequences which may result from the use of the product. This definition pertains to food, drugs, devices, and cosmetics. In addition, an advertisement can be viewed as being a false or misleading representation because of an implied representation.
Generally speaking an act or practice is considered to be unfair when it causes injury to consumers, injury to public policy or when it is based on immoral, unethical, or unscrupulous nature of the practice. A good example of how advertising leads to injury to consumers was when regulators decided that it was unfair for cigarette manufacturers to omit the health risks of cigarette smoking. This led to legislation requiring health warnings in cigarette advertising.