What kind of advertising can be considered unfair
Recently, we held a legal forum where we discussed the problems of the IT market with legal colleagues and business representatives.
Perhaps the most striking was the presentation by the representative of the FAS. And this is not surprising, everyone was interested in the comment "from the first mouth". After all, the norms of the legislation on advertising, let's say, is rather streamlined in terms of unfair advertising, so you should look at examples to see what is in the opinion of FAS.
Of course, I want to compare my product with competitors and show how beautiful it is. You can do it, but very carefully.
')
Major brands for years "play war" and have no complaints about each other. But such a war could become serious if one of the companies "play" refuses or breaks the rules.
For example, on the site owned by LLC EKF Electronics, a video was posted that compares surge protection devices of the EKF and IEK brands. With regard to the device competitor brand IEK in the video sounds the following phrase: "installing such protection, you put a time bomb directly to his shield."
Considering this case, the FAS of Moscow indicated: “Two devices have different characteristics and it is impossible to give such an incorrect comparison.”
And how do you want to call yourself the best compared to competitors, and indeed ...
"You can!" - tells us the FAS. BUT! Only if there is objective evidence.
For example, the company Mosrealstroy, in its advertising, indicated that it offers “the best finished and under construction objects from state developers” . Since it was objectively impossible to prove this superiority, a warning was issued about the need to stop the spread of such advertising.
To post statements about ourselves “we are No. 1” or “we are the best,” you need to conduct an objective study and notify him in advertising.
So, MTS, in order to be able to write “MTS - No. 1 for Your Business” in its advertising, conducted a study with the involvement of a consulting company. According to the results of this study, MTS PJSC is the leader in the corporate market in terms of revenue among mobile operators in Russia in 2014.
BUT! The results of the study were indicated in small print. Therefore, the FAS indicated that this information is depicted in such a way that it can be poorly perceived by the viewer, which in the end may lead to a distortion of its meaning and mislead advertising consumers. So that!
Some companies introduce the term “No. 1” as one of the elements of a trademark. So did the fitness club World Class.
In this case, the OFAS noted that the statement “Network of fitness clubs No. 1” is included in the World Class trademark as an unguarded element, in fact, not giving the owner of the mark any rights to this part of the mark.
Designations bearing a commendable character may be included in the trademark at the request of the copyright holder, however, this does not relieve advertisers from the obligation to confirm their “superiority”.
Or here is another example of advertising. By advertising the conference, the public indicated that it was “the main IT event of the year . ” From the point of view of marketers, this is “an excellent chip,” but from the point of view of the FAS, “an incorrect comparison with similar events.”
An example from the publishing business: “Simplified is the only magazine that writes about the work of an accountant at the USN. There are no analogues to this magazine. ” This formulation indicates that there are no other journals on the same subject in the relevant market and no other journal will publish materials about the simplified taxation system.
“But this is not so!” Said FAS and saw in such an advertisement a violation of the law.
Dear advertisers, remember the main thing: advertising must be accurate. Embellishing the advertiser, have a conscience and follow the measure.
Thus, the FAS of Moscow decided to check the advertisement of the 4G service in connection with the advertisement placed.
This ad contains, among other things, the following wording: “Thanks to 4G Internet from MTS, TASS correspondents transmit materials with lightning speed from anywhere in the country to the editors . ” From the advertisement it follows that 4G Internet from MTS covers the whole territory of Russia and is available at ANY point. Now you need to prove it ...
In another case, when advertising a Ford car, among other advantages, it is indicated that leather or suede trim is included in the individual vehicle equipment. After buying a car, the consumer found that the upholstery is made of so-called eco - leather, that is, artificial material , and to determine its nature by its appearance was not possible.
Total: advertising was declared unfair.
As you already understood, violations are committed not only by small market players, but also by mastodons such as Google or Mail.ru.
The latter fell under the watchful eye of FAS, placing advertisements in mobile applications. In this case, be sure to indicate the availability and data of the banking license. True, advertisers sometimes forget about such "trifles".
These are just some practical examples that show that before placing an advertisement you should definitely discuss it not only with marketers, but also with lawyers.
And remember that FAS can pay attention to you on its own, and not only after receiving complaints from competitors or consumers.
Perhaps the most striking was the presentation by the representative of the FAS. And this is not surprising, everyone was interested in the comment "from the first mouth". After all, the norms of the legislation on advertising, let's say, is rather streamlined in terms of unfair advertising, so you should look at examples to see what is in the opinion of FAS.
Of course, I want to compare my product with competitors and show how beautiful it is. You can do it, but very carefully.
')
Major brands for years "play war" and have no complaints about each other. But such a war could become serious if one of the companies "play" refuses or breaks the rules.
For example, on the site owned by LLC EKF Electronics, a video was posted that compares surge protection devices of the EKF and IEK brands. With regard to the device competitor brand IEK in the video sounds the following phrase: "installing such protection, you put a time bomb directly to his shield."
Considering this case, the FAS of Moscow indicated: “Two devices have different characteristics and it is impossible to give such an incorrect comparison.”
"I'm number one, I am the best!"
And how do you want to call yourself the best compared to competitors, and indeed ...
"You can!" - tells us the FAS. BUT! Only if there is objective evidence.
For example, the company Mosrealstroy, in its advertising, indicated that it offers “the best finished and under construction objects from state developers” . Since it was objectively impossible to prove this superiority, a warning was issued about the need to stop the spread of such advertising.
To post statements about ourselves “we are No. 1” or “we are the best,” you need to conduct an objective study and notify him in advertising.
So, MTS, in order to be able to write “MTS - No. 1 for Your Business” in its advertising, conducted a study with the involvement of a consulting company. According to the results of this study, MTS PJSC is the leader in the corporate market in terms of revenue among mobile operators in Russia in 2014.
BUT! The results of the study were indicated in small print. Therefore, the FAS indicated that this information is depicted in such a way that it can be poorly perceived by the viewer, which in the end may lead to a distortion of its meaning and mislead advertising consumers. So that!
"It is hard to be the most intelligent and beautiful ..."
Some companies introduce the term “No. 1” as one of the elements of a trademark. So did the fitness club World Class.
In this case, the OFAS noted that the statement “Network of fitness clubs No. 1” is included in the World Class trademark as an unguarded element, in fact, not giving the owner of the mark any rights to this part of the mark.
Designations bearing a commendable character may be included in the trademark at the request of the copyright holder, however, this does not relieve advertisers from the obligation to confirm their “superiority”.
Or here is another example of advertising. By advertising the conference, the public indicated that it was “the main IT event of the year . ” From the point of view of marketers, this is “an excellent chip,” but from the point of view of the FAS, “an incorrect comparison with similar events.”
An example from the publishing business: “Simplified is the only magazine that writes about the work of an accountant at the USN. There are no analogues to this magazine. ” This formulation indicates that there are no other journals on the same subject in the relevant market and no other journal will publish materials about the simplified taxation system.
“But this is not so!” Said FAS and saw in such an advertisement a violation of the law.
True, only truth and nothing but the truth
Dear advertisers, remember the main thing: advertising must be accurate. Embellishing the advertiser, have a conscience and follow the measure.
Thus, the FAS of Moscow decided to check the advertisement of the 4G service in connection with the advertisement placed.
This ad contains, among other things, the following wording: “Thanks to 4G Internet from MTS, TASS correspondents transmit materials with lightning speed from anywhere in the country to the editors . ” From the advertisement it follows that 4G Internet from MTS covers the whole territory of Russia and is available at ANY point. Now you need to prove it ...
In another case, when advertising a Ford car, among other advantages, it is indicated that leather or suede trim is included in the individual vehicle equipment. After buying a car, the consumer found that the upholstery is made of so-called eco - leather, that is, artificial material , and to determine its nature by its appearance was not possible.
Total: advertising was declared unfair.
Need a license - mention about the license
As you already understood, violations are committed not only by small market players, but also by mastodons such as Google or Mail.ru.
The latter fell under the watchful eye of FAS, placing advertisements in mobile applications. In this case, be sure to indicate the availability and data of the banking license. True, advertisers sometimes forget about such "trifles".
These are just some practical examples that show that before placing an advertisement you should definitely discuss it not only with marketers, but also with lawyers.
And remember that FAS can pay attention to you on its own, and not only after receiving complaints from competitors or consumers.
Source: https://habr.com/ru/post/300010/
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