Consumer Protection

Retail advertising is policed by the Dept of trade, which reviews advertising materials to see whether a buyer would likely be misled. The Consumer Protection agency also “rides shotgun” on illegal sales tactics, violations of the Truth in Lending taw, and many other fraudulent or deceptive practices. Claims that overstate the life of a product, the superiority of one product over another, and other characteristics are outlawed unless they can be proved. The advertiser has to maintain records to substantiate his advertised claims regarding the quality of the products, its safety, its comparative price, and its contents.

Unfortunately the state rarely challenges advertisers regarding misleading or deceptive advertising. In one case it was discovered that a national advertiser was making false claims to encourage sales. The state ordered the attending company to launch an advertising campaign to correct the false claims. The Supreme Court has upheld the state’s right to issue such orders for the protection of consumers.

Governmental efforts to protect the consumer touch on many aspects of life. For example, the Public Health Cigarette Smoking Act requires that a health warning appear on each package of cigarettes sold. Cigarette advertising has been banned on radio and television, and other ways of cigarette advertising have to contain the health warning in conspicuous print. The cigarette companies are also required to state the exact nicotine and far content of their products. They cannot simply give a general statement that the product is low in nicotine and a general statement that the product is low in nicotine and far .

Paying some attention to radio and TV commercials, and to the advertisements in newspapers and magazines, will pay dividends. An efforts should be made to analyze exactly what the advertiser is saying, or if the ad sates that the product is better, lighter, smoother, mellower, more fragrant, harder-working, the consumer has the right to ask: “ (ii) better, lighter, smoother than what?”

If the ad deceives you, you have the right to complain. In some cases, you may have a right of action against the advertiser.