False and Misleading Advertising Defense: Legal Protection in Marketing Disputes
Advertising drives business, but Georgian legislation strictly limits unfair marketing practices. False, improper, or misleading advertising involves disseminating information that is untrue or creates a false impression for the consumer regarding product qualities, price, or quality. Control over this area has been tightened by the "Law on Protection of Consumer Rights." Companies are prohibited from using unsubstantiated slogans (e.g., "best in the world"), hiding important information, or attributing medicinal properties to products if not approved. Violations lead to administrative liability, fines, and the obligation to publish counter-advertising (retraction).
Defense in false advertising cases requires not only legal but also linguistic and marketing analysis. The lawyer''s goal is to prove that the advertising claim is substantiated or represents a subjective assessment (so-called Puffery) that cannot be verified and does not constitute deception. Qualified legal assistance is essential to save brand reputation and avoid financial sanctions.
What Does False Advertising Defense Cover?
Specialists on Legal.ge offer comprehensive protection in advertising disputes:
- Pre-compliance Audit: Checking video clips, banners, and posts for compliance with the law before launching an advertising campaign.
- Proving Substantiation: Gathering evidence (studies, certificates) to confirm that facts stated in the advertisement are true.
- Defense at the Competition Agency: Representation during administrative proceedings if the Agency initiates an investigation into unfair commercial practices.
- Responding to Competitor Complaints: Often, complaints about false advertising come from competitors. The lawyer prepares counter-arguments against accusations of unfair competition.
Common Situations and Real-World Scenarios
Advertising problems often arise in the following contexts:
- Medical Claims: Advertising food supplements or cosmetics as cures for diseases without appropriate medical evidence.
- "Lowest Price" Claims: Promising the lowest price on the market when a competitor actually has a cheaper product.
- Real Estate Renders: Advertising an apartment under construction with a green yard and pool when these are not included in the project.
- Discount Manipulation: Artificially inflating prices to subsequently announce a "discount."
Georgian Legislation and Legal Framework
The field is regulated by the Law of Georgia on Advertising and the Law on Protection of Consumer Rights. The law prohibits improper advertising (unfair, unreliable, unethical, misleading). Liability falls on the advertiser, producer, and distributor. The Competition Agency is authorized to investigate the case and impose a fine on the violator, as well as compel the distribution of counter-advertising through the same means as the original ad.
Process: What to Expect When Working with a Specialist
The lawyer will examine the disputed advertisement and compare it with the actual characteristics of the product. If the case involves a subjective assessment (e.g., "tasty"), defense is easier. If it involves measurable parameters (e.g., "10% more volume"), technical evidence will be needed. The lawyer will represent your interests before the Agency and in court to avoid fines and image damage.
Why Choose Legal.ge?
Incorrect advertising can destroy brand trust. Legal.ge offers lawyers with experience in advertising and competition law. They will help you create a safe marketing strategy and defend yourself against legal attacks. Find your consultant on Legal.ge.
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