How can I ensure that my advertising is not misleading?
January 5, 2023 | 30,00 EUR | answered by Greta Kleine
Dear Sir or Madam,
My name is Luisa Richter and I run a small business specializing in the production and sale of handmade jewelry. Lately, I have been increasing my advertising efforts for my products, both online and offline. I want to ensure that my advertising is not misleading and that my potential customers receive accurate information.
Currently, I feel that my advertising may not always be clear and transparent. For example, I include prices and discounts in my ads, but they may not always be clearly communicated. I want to avoid customers feeling deceived by my advertising or having false expectations.
My biggest concern is that I may be violating applicable competition law and could face legal consequences as a result. I want to run my business in an honest and legally compliant manner and ensure that my advertising meets legal requirements.
My question to you as experts in competition law is: How can I ensure that my advertising is not misleading and complies with legal requirements? Are there specific guidelines or best practices I should follow? What steps can I take to make my advertising transparent and accurate?
Thank you in advance for your support and advice.
Sincerely,
Luisa Richter
Dear Mrs. Richter,
Thank you for your inquiry regarding compliance with competition law in relation to your advertising for handmade jewelry. It is commendable that you want to ensure that your advertising is transparent and correct to avoid potential legal consequences. As a specialist in competition law, I can provide you with some recommendations on how to design your advertising in accordance with legal requirements.
First and foremost, it is important that you communicate all information in your advertising clearly and prominently. This includes information on prices, discounts, and other special offers. Make sure that this information is clearly visible and understandable to potential customers. Avoid misleading or unclear wording that could create false expectations among consumers.
Furthermore, ensure that your advertising is not misleading. This means that you must not provide false or misleading information about your products or services. Be honest and transparent in your advertising to gain and maintain the trust of your customers.
It may also be helpful to familiarize yourself with current legal regulations in the field of advertising. The Unfair Competition Act (UWG) regulates, among other things, the permissibility of advertising measures and prohibits misleading or aggressive advertising. Adhere to these guidelines to avoid legal consequences.
Another important aspect is labeling advertising as such. Avoid passing off advertising as editorial content or not labeling advertising as such. Ensure that your advertising is clearly recognizable as such to avoid confusion with editorial content.
Overall, it is important to carefully plan and implement your advertising to ensure that it complies with legal requirements. If you have any uncertainties or further questions regarding competition law in advertising, I recommend seeking advice from an experienced competition law attorney who can provide you with individual guidance.
I hope that this information is helpful to you and wish you success in designing and implementing your advertising measures.
Best regards,
Greta Kleine
Competition Law Attorney
