MISLEADING ADVERTISING: THE COMPETITION AUTHORITY HAS ISSUED A VADEMECUM AND TEN GOLDEN RULES FOR CONSUMERS
PRESS RELEASE
PRESS RELEASE
MISLEADING ADVERTISING: THE COMPETITION AUTHORITY HAS ISSUED A VADEMECUM AND TEN GOLDEN RULES FOR CONSUMERS
The Legislative Decree on misleading advertising is ten years old this year. The time has therefore come to take stock of this first ten years during which the Competition Authority has consolidated its position and recently broadened its powers to deal with comparative advertising.
In view of its long-standing experience in dealing with misleading advertising, the socio-economic sensitivities aroused by some of its decisions, the importance of protecting the weaker sections of society and, not least, the awareness that investment in advertising is one of the basic indicators of a country's economic health, the Authority decided to issue a "Short Consumers' Guide" (downloadable from the Competition Authority's website www.agcm.it).
This is the second edition of the vade mecum which sets out a few rules for judging whether advertisements are truthful, explains the work of the Authority to scrutinise them, and possible action that can be taken.
In addition to the legal provisions prohibiting misleading advertising and comparative advertising, this short guide also provides a few simple examples to help consumers to appreciate the difference between a truthful advertisement and a misleading advertisement.
In order to meet consumers' needs, it also gives a short list of precautions to be taken, a list of ten useful golden rules that should always be followed in order to avoid unpleasant surprises.
TEN GOLDEN RULES FOR CONSUMERS 1. READ THE SMALL PRINT READ ADVERTISEMENTS CAREFULLY, PARTICULARLY THE SMALL PRINT: THE MOST IMPORTANT INFORMATION IS SOMETIMES TUCKED AWAY WHERE IT IS NOT IMMEDIATELY NOTICEABLE. 2. CHECK THE REAL PRICE ALWAYS ENSURE THAT THE PRICE STATED INCLUDES ALL POSSIBLE EXTRA CHARGES AND COSTS (VAT, EMBARKATION CHARGES, REGISTRATION FEES, DELIVERY CHARGES, REPLY CHARGES). 3. MIRACLES ARE RARE NEVER TRUST MESSAGES WHICH PROMISE MIRACULOUS RESULTS (SUCH AS SLIMMING PRODUCTS AND METHODS, AND COSMETICS). 4. THINK TWICE BEFORE SIGNING NEVER SIGN ANYTHING WITHOUT READING ALL THE TERMS AND CONDITIONS CAREFULLY FIRST. SOME OFFERS CAN INDUCE YOU, WITHOUT REALISING IT, TO SIGN LEGALLY BINDING CONTRACTS (FOR EXAMPLE JOB OFFERS). 5. BEWARE OF SLOGANS READ THE MESSAGE FROM BEGINNING TO END AND GET AS MUCH INFORMATION AS YOU NEED. ALWAYS BE SURE THAT PROMOTIONAL OFFERS ARE GENUINE MONEY-SAVERS (DISCOUNTS, SALES, ITEMS REALLY AVAILABLE, TARIFFS AND CHARGES). 6. DON'T PAY DEARLY FOR WHAT WILL NEVER HAPPEN THE SERVICES OFFERED BY FORTUNE-TELLERS, PALMISTS, OR OCCULTISTS ARE USUALLY EXTREMELY COSTLY IN THE END. REMEMBER THIS: NO METHOD IN THE WORLD CAN IMPROVE YOUR CHANCES OF WINNING THE LOTTERY. 7. CHECK OUT THE REAL COST CAREFULLY STUDY THE TERMS AND CONDITIONS WHEN OFFERED FINANCING FACILITIES FOR PURCHASES OR PERSONAL LOANS AND MORTGAGES (CHECK THE NOMINAL ANNUAL RATE, THE ANNUAL PERCENTAGE RATE (APR), MATURITY DATES). 8. IT'S ONLY MAKE-BELIEVE BEWARE OF ADVERTISEMENTS PRETENDING TO BE FACTS: COVERT ADVERTISING IS SOMETIMES PRACTISED IN PRESS ARTICLES OR ON TV ENTERTAINMENT PROGRAMMES, MASQUERADING AS FACTS. 9. BEWARE OF HAZARDS IF A PRODUCT CAN BE HARMFUL THE ADVERTISEMENT MUST SAY SO: CAREFULLY READ INSTRUCTIONS AND WARNINGS IN ADVERTISEMENTS AND ON PRODUCT PACKAGING. 10. SAFEGUARD CHILDREN ADVERTISEMENTS MUST ALWAYS SHOW CONSIDERATION AND RESPECT FOR THE PHYSICAL AND MENTAL WELL-BEING OF CHILDREN: SOME PROMOTIONS THAT MIGHT NOT MISLEAD ADULTS CAN EASILY MAKE CHILDREN AND JUVENILES MISINTERPRET REALITY, AT THEIR PERIL. |
Rome, 5 July 2002