What is unfair advertising?

The unfair advertising It is the one that due to its content, diffusion or form allows the denigration or contempt of a person or company, of the products, services or activities. It is intended to mislead consumers by making certain comparisons between products or by unjustifiably highlighting other companies.

The definition of unfair advertising, It is based on the discrediting of another company that makes it competition that is within the same union. In the same way, it takes advantage of the brand, name or prestige of a certain product, to cause confusion to consumers.

Characteristics of unfair advertising

Inside of unfair advertising or misleading, there are important features such as the following:

• You often take advantage of marketing to make product comparisons, coupled with the benefits it provides.
• It is within the market with a low number of companies, but the level of competition is quite high.
• It uses the least as commercial phrases, brands or symbols that can identify other companies.
• It focuses on achieving discrediting of the competition.

When is unfair advertising allowed?

It is important to note that many of the comparisons are not usually illegal, since many of the advertisements where product comparisons are made are legal, due to the provisions of the Unfair Competition Law, where these ads are allowed when:

• Comparisons of goods or services meet the same needs.
• Products or services that imitate trademarks that are protected cannot be presented.
• When a comparison is made that contains multiple characteristics that are fundamental, representative and verifiable of the products or services where the price can be incorporated.

Types of unfair advertising

The kinds of unfair advertising They are classified as follows:

Comparative advertising

It is advertising where the advertiser makes comparisons with other competitors that he identifies, to rule out the competitive benefits of his own products or services before others. This is frequently seen in advertisements for well-known brands such as Windows and Apple or CocaCola and Pepsi, among others.

Competition law allows this type of comparison, if it is carried out between products or services that have the same purpose and in turn manage to benefit and satisfy the same needs, while it is carried out with essential objectives and verifiable.

Denigrating advertising

It is the one that, due to its content, presentation or transmission, allows discrediting and disparagement directly or indirectly by the user to the services, products or activities of a business.

Aggressive advertising

East type of unfair advertising It uses elements that are not common and extreme, since it not only promotes the product, but it takes it to an eye-catching level so that it attracts much more attention by creating shocking situations.

Confusing advertising

It is the one that leads to confusion in conjunction with the companies, products, brands, activities, signs or brands of the competitors, as well as that the unjustified use that denominates the initials, distinctive or marks of other original companies that indicate other products of competence.

This advertising refers to other brands that describe their own products, that is, they use a brand together with elements such as models, systems or similar types on an intentional basis.

Misleading advertising by default

It occurs through the omission of the main characteristics of the products or services, giving priority to illicit advertising by separating fundamental data that implies deception. Typically, it uses fine print, VAT-free pricing in the ad, purchase messages, and promises that are later broken.

Disadvantages of unfair advertising on consumers

Among the disadvantages of unfair or misleading advertising, are the following:

• One of its most notorious disadvantages is that it allows users or consumers to make decisions without any type of information. By not knowing the reality of a product or service, it is likely that your decisions are not the most favorable.
• Harmful advertisements may contain apparent warranties that are false, contradictory in fine print, serious risks, or hidden costs, with the purpose of belittling the competition and thereby making the product or service stand out own self.
• It may happen that the consumer loses their money on a product or service that in the end does not generate what they he was really looking for or if in the long run it causes him difficulties that he will have to assume after having bought.

The unfair advertising In general, it can be defined as one that is contrary to the requirements of standards, good faith and the proper use of the commercial system. Therefore, it can be said that this type of advertising is not related to consumer protection, without However, a fundamental means of protection is important for the proper functioning of competition within the market.