Pubblicità ingannevole: come riconoscere gli spot scorretti

Unfortunately, it’s increasingly common for some commercials to be misleading, meaning their sole purpose is to induce consumers to purchase through false or distorted information . In fact, there are more and more cases of companies fined for promoting misleading advertising for their products: from telephones to food, from travel agencies to bank services, from cosmetics to financial loans.

If misleading advertising causes harm to consumers, you can contact the Italian Competition Authority (AGCM), which is responsible for stopping the advertising and can even suspend the activity of the company that published the misleading advertisement for thirty days. Not only are advertisements considered misleading, but also those that, while truthful, are somewhat biased or suggestive . At the same time, so-called reticent advertising , meaning that it omits useful and essential information for a complete and accurate understanding of the advertising message, is also condemnable. Furthermore, today, advertising messages are spread through a wide range of channels: from television to radio, from newspapers to the internet. Therefore, consumers are constantly bombarded by product advertisements, and it is therefore important to be aware and capable of distinguishing a sincere message from a false one.

In addition to misleading advertising, there are also advertorials and covert advertising , and a savvy consumer should be able to navigate the world of advertising so that they can make informed and responsible purchase decisions, armed with real, reliable information.

Let’s see how to recognize misleading advertising by following a few simple steps to unmask messages that promise services, quality, and results that are actually illusory and designed for real marketing purposes.

How to recognize misleading advertising

Advertising is considered misleading when:

• misleads both natural and legal persons;
• negatively influences and affects the economic behavior of the consumer;
• spreads a misleading message and harms the consumer who has followed the suggestions and indications promoted;
• it is intentionally unclear in its content in order to deceive and trick the consumer;
• promotes consumer goods, services or products with characteristics that do not correspond to reality;
• the advertising message is not recognizable as such or is presented in the form of a job offer, subliminal advertising…
• exploits audiences who are more vulnerable to correctly interpreting the advertising message, such as children or adolescents who are more susceptible than adults;
• It offers no guarantees to the consumer and is false regarding discounted prices or products.

In fact, misleading advertising induces potential customers to purchase a product or service that differs from or is inferior to their expectations and features presented in the ad. These are often very subtle marketing strategies, and therefore the less cautious consumer can unwittingly fall victim to them.

To protect ourselves as much as possible from misleading advertising , the Italian Competition Authority has drawn up some simple rules that can help consumers spot unfair advertising.

Here is the decalogue for the consumer :

• pay attention to the letter,
  always pay attention to messages written in a much smaller font than the main article text, also because it may happen that the most important part is written in small print;
• the price is right
  ; always make sure that the price indicated in the advertisement is the final one, i.e. that no other costs are foreseen, such as registration fees, VAT, taxes, etc.);
• Mission Impossible:
  There are no miracle products, meaning it’s always best to be wary of advertising messages that promise spectacular results.
• Think carefully and sign
  before adding your signature and consent, also providing your personal data. It is advisable to carefully read all the conditions of the contract you are signing to avoid unpleasant surprises in the future.
• Don’t just look at the slogans;
  find all the useful information before purchasing, and don’t just focus on the advertising slogan, but also check for actual discounts, special rates, and clearance sales.
• distinguish between heart and wallet;
  always be wary of the services offered by magicians and fortune tellers;
• How much does it cost me
  to carefully check and verify all the conditions offered by the financing proposals for the purchase of the product?
• It is only fiction
  to distinguish a non-advertising message or film from an advertising one. Often one can be dealing with so-called covert advertising that is hidden within films, newspaper articles, entertainment shows, photo shoots…;
• beware of dangers;
  read the warnings indicated in advertising or on the product packaging very carefully;
• Protecting minors:
  All advertising has a duty to respect and protect minors, both psychologically and physically. Some advertising messages can be much more dangerous for children than for adults. Children are sometimes unable to distinguish reality from fantasy, and this can lead to very dangerous consequences for the child, who, for example, might imitate certain scenes seen in commercials.

Advertorial

An advertorial is a type of advertising that, in terms of graphics and editorial design, is very similar to other non-advertising articles. Therefore, it’s easy, for example, to browse a newspaper and, among the various articles published, suddenly come across an advertorial. Astute consumers recognize it because the law requires it to include the phrase “advertising information .” The key point is that readers must be careful to identify this phrase, as it’s typically written in a fairly small font and placed in the margins of the page.

Covert advertising

Advertising messages can also reach potential consumers in fairly indirect ways. This is the case, for example, with so-called covert advertising. This involves advertising products or brands during television programs, films, or photo shoots. Italian law prohibits the easily recognizable display of car, clothing, cigarette, beverage, and other product brands on television .

Italian Competition and Market Authority (Antitrust)

Article 20 of Legislative Decree 206/2005 establishes that misleading advertising is defined as “any advertising that in any way … is likely to mislead the natural or legal persons to whom it is addressed or whom it reaches and which, due to its deceptive nature, may prejudice their economic behavior…”.

The Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato) aims to ensure that consumers receive clear and non-misleading advertising. Not only misleading advertising that provides false or unclear information is punishable, but also “unfair commercial practices,” meaning any actions, conduct, statements, or omissions regarding the promotion, supply, or sale of a product. Therefore, any behavior may be punishable if it impairs the consumer’s ability to make informed decisions.

Consumers wishing to report misleading advertising can send a report to the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato) at Piazza Verdi 6a, 00198 Rome , or call the toll-free number 800166661 from Monday to Friday, 10:00 a.m. to 2:00 p.m., or send a fax to 06-85821256 .

In the case of a written report to the Guarantor Authority, it is advisable to specify the following aspects:

• name and surname, address and telephone number of the consumer or association reporting the misleading advertising;
• information regarding the brand, company or product that is the subject of the misleading advertising;
• explanation of the aspects considered misleading;
• request for intervention by the Competition and Market Authority;
• signature of the declarant.

Websites for further information

Italian Competition and Market Authority (Antitrust)
www.agcm.it
Website of the Italian Competition and Market Authority, an independent institution established in 1990, whose objectives include protecting consumers from misleading advertising. The website allows you to report cases of misleading advertising online.