Edited by Geraint Howells, Iain Ramsay and Thomas Wilhelmsson
Chapter 5: Misleading and unfair advertising
This chapter discusses the regulation of misleading and unfair advertising in consumer-targeted media. It examines approaches to the regulation of advertising in general and provides an overview of basic standards for determining both misleading and unfair advertising. It also addresses the regulation of advertising in several specific subject areas that lawmakers have targeted for special treatment in many countries. Towards the end of the chapter the discussion moves to enforcement regimes: self-regulatory enforcement of advertising guidelines, civil enforcement through private actions for breach of advertising norms, and enforcement actions brought by government agencies to police the marketplace for the good of the general public. The chapter incorporates illustrations from the laws of different countries, with an emphasis on US and EU law, but with some discussion of interesting approaches from other countries as well.
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