False Advertising Claims

How can I prove false advertising in Georgia?

You need to provide evidence such as screenshots, product packaging, or expert analysis showing that the claims made in the ad do not match the actual product or service features.

Can a competitor sue for misleading ads?

Yes, under the Law on Competition, businesses can sue competitors for unfair competition if misleading ads harm their market position or reputation.

What is the penalty for false advertising?

Penalties can include fines imposed by the Competition Agency, mandatory retraction of the ad, and court-ordered compensation for damages to affected parties.

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False advertising claims and related legal disputes represent a significant part of competition law and consumer protection in Georgia. False or misleading advertising involves disseminating information that is untrue and harms both consumer interests and the reputation or financial standing of competitor companies. Legal assistance in this area is sought by business entities that fall victim to unfair competition, as well as consumers who have suffered material loss due to misleading information. The advertising market in Georgia is regulated by a strict legislative framework aimed at ensuring market transparency and fairness.

Services related to false advertising cover a wide spectrum of legal actions, ranging from preliminary audits of advertising materials to court litigation. Lawyer involvement ensures the resolution of the following issues:

  • Legal audit of advertising materials: determining the compliance of marketing campaigns with the Law of Georgia on Advertising to avoid potential fines and disputes.
  • Identifying unfair competition: analyzing false information disseminated by a competitor that damages your company's business reputation, and preparing an appropriate complaint.
  • Filing complaints with regulatory bodies: representing interests before the Georgian National Competition and Consumer Agency, as well as the Communications Commission (if the matter concerns the telecommunications sector).
  • Compensation for damages via litigation: filing lawsuits to demand compensation for material and moral damages caused by misleading advertising.
  • Collective consumer disputes: protecting the rights of groups of consumers who have been harmed as a result of mass false advertising campaigns.

In practice, businesses and consumers frequently face false advertising issues. For example, a competitor might use direct comparison in their advertisement, presenting your product with distorted characteristics, which leads to a decline in your sales. Another common scenario is when a consumer purchases expensive equipment or a service whose features radically differ from the promises made in the advertisement. Cases of "hidden advertising" on social media are also frequent, where influencers mislead audiences about product features. In such instances, immediate legal response is necessary to minimize damage.

Georgia's legal framework in this field is quite complex. The primary regulatory act is the Law of Georgia on Advertising, which prohibits unethical, improper, and false advertising. Additionally, the Law of Georgia on Competition regulates unfair competition and bans the discrediting of a competitor through the dissemination of false information. The Law of Georgia on Protection of Consumer Rights is also significant, granting consumers the right to demand accurate information and compensation for damages. The Code of Administrative Offences provides for fines for violations of advertising legislation.

The process of working with a specialist begins with a detailed study of the factual circumstances. The lawyer analyzes the disputed advertising content and gathers evidence (screenshots, video recordings, expert opinions). The next stage involves sending an official claim to the infringing party demanding the cessation or retraction of the advertisement. If negotiations fail, a complaint is filed with the National Competition Agency or the court. On the Legal.ge platform, you can find qualified lawyers specializing in intellectual property, competition law, and media law.

Legal.ge offers access to experienced lawyers who have practical experience in handling advertising disputes. Specialists selected through our platform will help you not only in restoring violated rights but also in developing preventive mechanisms to safeguard your business against future risks. Trust professionals and protect your reputation through legal means.

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