Title

The Law of Misleading Advertising: An Examination of the Difference Between Common and Civil Law Countries

Reprinted in 19(1) ADVERTISING LAW ANTHOLOGY 37 (1996), awarded 1997 Citation for Excellence by Anbar Electronic Intelligence.

Publication

International Journal of Advertising

Abstract

This article uses a new conceptual framework to analyse advertising challenges in exploring the similarities and differences in advertising law and regulation of both common and civil law countries. The conceptual framework consists of five stages known as the five `-tions' of an advertising challenge: initiation; interpretation; deception; verification, and remediation. This framework reveals that despite the facial similarity in statutes and regulations addressing misleading advertising, there are significant differences in how implied claims are interpreted and the level of deception that is protected against. In contrast, there may be a growing global consensus in the areas of verification and remediation, Interestingly, the differences and similarities in advertising law among countries appear unrelated to legal tradition, but more related to seeking out examples to follow to deal with the legal issues created by mass advertising.

Disciplines

Civil Law | Commercial Law | Marketing | Sales and Merchandising

Recommended Citation

Petty, Ross D. 1996. "The Law of Misleading Advertising: An Examination of the Difference Between Common and Civil Law Countries." International Journal of Advertising 15, no. 1: 33-47.

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