1. Advertising Regulation

2. Vulnerable areas Tobacco and alcoholic beverages
Food advertising – nutrition and health claims
Children advertising
Advertising to old people
Environmental issues

3. Control authorities Ministry of I&B ASCI
Other formal bodies eg. AAI, Mumbai Ad Club, etc

4. Legal issues Subject to the law of contracts “Passing off”
Copyright protections
Intellectual Property Rights

5. “Puffery”
To a certain extent most advertising suffer from this. It is usually exaggerated claims, using superlatives, etc.

6. Deceptive Advertising
Differs from the reality of the situation – misrepresentation or omission
Affects buying behaviour to the detriment of the consumer – consumer has believed the communication and acted accordingly
Consumer injury is possible and he/she might have acted differently if the facts were communicated

7. What is deceptive advertising?
Suggesting a small difference is important
Artificial product demonstrations
Using an ambiguous or easily confused phrase
Implying a benefit that does not fully or partially exist
Implying that a product benefit is unique to that brand
Implying that a product benefit is needed or a product will fulfill a benefit when it will not
Incorrectly implying that an endorser uses and advocates the brand
Omitting a needed qualification
Making a claim without substantiation
Bait and switch
Disguising advertising as news
Infringing IPR

8. Misperception
When communication is vague and ambiguous, imperfect comprehension or miscomprehension can lead to misperception

9. Remedies Cease-and-desist orders Restitution (compensation)
Affirmative disclosures
Corrective advertising