What are the laws of advertising?

Why does there seem to be so much deception in advertising despite truth-in-advertising laws?

  • One example is websites comparing an image of the actual fast food item with the advertising image of the fast food item. Are there really truth-in-advertising laws? Are they ever applied?

  • Answer:

    Because, by and large, people police themselves. I suspect there are social scientists pondering the question of whether the lawyers came before the law somewhere. Nary a law or rule is set down before someone is trying to circumvent it for their own gain. Fortunately, technology now enables us to do something about it. We live in an age of transparency. It will take some time for advertisers to realize that fudging their image within the bounds of the law doesn't make that image true. But they'll have to stop deceiving us when they realize that there are more people spreading the story via bad reviews and funny blogs and personal songs than they can hire to stamp it out. We want real truth in advertising? We'll have to start by pointing out all the lies, until it's totally unprofitable to keep telling them.

Richard Tseng at Quora Visit the source

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Other answers

The consumer must be more proactive in fighting against deceptive advertising. Investigations start after numerous complaints are submitted by consumers to their local better business bureau. When there is a sufficient volume of complaints, the BBB will refer the matter to the Attorney General and/or FTC. However, most often the consumer just gets angry and does not complain. The result is that the behavior continues and often grows.

Lior Leser

I think that Richard is right that most people police themselves and that the skeptical nature of our society takes the imagery we see in advertising with a large grain of salt. Truth in advertising laws relate to making sure that what you say is true to protect the consumer from being mislead or taken advantage of but as to your example that doesn't mean that the advertiser wouldn't want to show their product in the best light possible.

Eric Floresca

Yes, there are really truth-in-advertising laws.  There are also laws in each state against deceptive advertising (they often fall under the heading of consumer protection laws).  Your second question is a little trickier.  Enforcement often comes in two forms: (1) the government or (2) a private individual or company.  Government enforcement often comes when a consumer or competitor complains to the FTC or BBB/NAD.  In the second case, an individual or competitor may write a letter to the infringing company and demand they stop, and threaten specific government enforcement if they do not.  In my experience, this is sufficient to accomplish the goal. Lastly, the role of Social Media can be a powerful enforcement tool.  When consumer complain, it can create a viral campaign that cannot be controlled by the advertiser.  This alone can be enough to discourage a company from falsely advertising its products or services.

Andrew J. Goldberg

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