Marketing & Advertising Law

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Advertising is about selling ideas. Advertisement is use to publicize and increase the consumption of the product by the public. However, advertising techniques can also sabotage the objective of one’s rational choice. When an advertisement becomes misleading or deceptive, it is where Section 18 of the Australian Consumer Law comes in. Misrepresentation of a product or service may be conveyed by words, graphical presentations, pictorial images, action sequences or even by silence. Advertisement should not influence consumers’ initial attitude to any product or service.

Various techniques of advertisements are identified.
Hidden fees and surcharges
Service providers often tack on the fees and surcharges that are not disclosed to the customer in the advertised price. One of the most common is for activation of services such as mobile phones, but is also common in broadband, telephony, gym memberships, and air travel. In most cases, the fees are hidden in fine print, though in a few cases they are so confused and obfuscated by ambiguous terminology that they are essentially undisclosed. Hidden fees are frequently used in airline and air travel advertising. In the case of motor vehicles, hidden charges may include taxes, registation fees, licences, insurance or other costs associated with getting a vehicle on the road. Airlines and car hire firms that disadvange customers through: * Unfair contract terms, notably with respect to consumer compensation. * Use customer data for purposes other than they were obtained for. * Apply unfair fees, charges and penalties on transactions. * Place artificial restrictions on the time period during which customers can submit claims.

Misleading Nutrition Labels/Facts

This happens a lot on food products found in supermarket, such as dairy products. They are normally labelled as No Transfat, Natural, Eco-Friendly, No Sugar Added and etc.

Oversized Packaging

It is not what is on the outside that says...
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