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Column: How to deal with misleading advertising

Home Columns Column: How to deal with misleading advertising
Column: How to deal with misleading advertising

Uaatjo Kaurimuje

 

Did you know that you might have a compensation claim if you purchase a product due to a deceptive or misleading advertisement? Misleading advertisement is the marketing of information or visual content about a product that is misleading and unrealistic. This could: 

• Describe a product or service, provide a false guarantee, and mislead consumers about its nature, substance, quantity, or quality.

• Convey and express or implied representation that would be considered an unfair trade practice if made by the product’s manufacturer or seller, or deliberately conceals important information.

Misleading advertisements are indeed problematic as they can deceive consumers and lead them to make purchases based on false or exaggerated claims. 

False advertising is when a product or service is described inaccurately, guarantees are falsely made, or important information is concealed. This can mislead consumers and cause them to make purchases based on false claims. 

There are two examples of misleading advertising. The first example involves a hair cream advertisement where the actor claimed the cream would promote hair growth within six weeks. However, this promise was not fulfilled, and consumers were tricked into buying a product that didn’t live up to its advertised benefits. This type of false representation is considered misleading advertising.

In a separate instance, an advertisement for an eye clinic claimed to enhance refractive power via surgical means. Regrettably, a patient’s refractive power deteriorated post-surgery, revealing the advertisement’s deceitful nature. The advertisement insinuated that the surgery could remedy all vision impairments, which was not entirely truthful. This type of deceitful advertising neglects to reveal vital information regarding product constraints.

In both cases, these advertisements are misleading because they make false or exaggerated claims about the product’s capabilities or benefits. Clear disclaimers and accurate representations of the product’s effects and limitations are necessary. This way, consumers can make informed decisions about their purchases.

*Uaatjo Kaurimuje is a consumer protection advocate. She has more than 10 years of experience in consumer protection. The views and opinions expressed herein are those of the author and do not represent any employer, organisation, committee, or other legislative groups.