DECEPTIVE ADVERTISING

“KELLOG’s said Rice krispies can boost immunity among individuals”

“VOLKSWAGEN falsely advertised environmentally friendly diesel cars.”

“I am totally impressed by these slogans….!!! I would definitely go and buy these products because of such perks…..!!!!!!!”

These are the exact ways of attracting customers and persuading them with false commitments and deals along with charging huge amount of money.

So let’s just start with the definition of the category which includes all these frauds:

I am talking about the most concerned topic:

                         “DECEPTIVE ADVERTISING.”

This is a false advertising method and also illegal according to the FEDERAL TRADE COMMISSION. It is an unethical process of marketing and advertising which offends the moral principles of human conduct In terms of bad intent and effects. It is not specific to one target market, also it can sometimes go unnoticed in public. This can take several ways to come in market. People generally use humor and target people accordingly. Humor provides an escape or relief from some kind of human constraint, and some advertisers intend to take advantage of this by deceptively advertising a product that can potentially alleviate that constraint through humor.

It might be tempting to deceive in advertisements not only so as to attract new customers but also so that they might buy your products and subscribe to your services. However, usually, this strategy is bad for the future of the company, and it might possibly hinder the business' success. Companies whose only goal is to rack up as many profits as possible, tend to use advertisements that may conceal some costs, omit important facts, or use misleading images, in a bid to get customers to buy a service or product. This kind of marketing isn’t helpful, and it will deprive consumers of the accurate information they need to make good, well-informed decisions. The harmful effects of such advertising affect multiple players in the business world, and are not helpful at all.

….Don’t you know,…..

 “RED BULL GIVES YOU WINGS TO FLY”

The famous energy drink slogan has been found to be fraud and considered as illegal in a US lawsuit. So many customers have complained for not getting wings even after drinking red bull for almost around 5-7 years. They also include that this drink not even provided energy to them and wings was a really big deal…!

I don’t think this can happen. The way these companies advertise persuade the people to an extent that people cannot stop themselves from buying them. After the company had agreed, they had to compensate the customers who bought it in America in between 2004-2017. 

Anyone in the US who bought at least one can, in the last 13-15 years, could be entitled $10 (£6.17) cash or $15 (£9.26) worth of Red Bull goods.

The US lawsuit started when Benjamin Careathers, who believed the company's slogan "Red Bull gives you wings" is dishonest. He argued the slogan clearly doesn't mean the drink will give you wings but it is generally understood the drink should give a higher energy boost than an average cup of coffee.

According to the Red Bull website, only one 250ml (8.4 oz) can of Red Bull Energy Drink contains about the same amount of caffeine as a cup of coffee, which is about 80mg.

At hearing a back in August, a judge agreed with him: "Such deceptive conduct and practices mean that [Red Bull's] advertising and marketing is not just 'puffery,' but it instead deceptive and fraudulent and it therefore actionable," the lawsuit stated.

"Even though there is a lack of genuine scientific support for a claim that Red Bull branded energy drinks provide any more benefit to a consumer than a cup of coffee, the Red Bull defendants persistently and pervasively market their product as a superior source of 'energy' worthy of a premium price over a cup of coffee or other sources of caffeine," it continued.

However, Red Bull admits no wrongdoing.

 "Red Bull settled the lawsuit to avoid the cost and distraction of litigation.

"However, Red Bull maintains that its marketing and labeling have always been truthful and accurate, and denies any and all wrongdoing or liability," the company said, in August.

I cannot understand how such companies cannot even agree to the deceptive advertising and frauds they are doing in market just to attract customers to buy their products. This is just an example of insane people.

In this blog, I just wanted to present a moral account of the legal notion of false advertising. I argue that no other harmful consequences to the customer needs to follow from a deceptive advertisement as such, and I suggest instead that, one should focus on the consequences of permitting the practice of deceptive advertising on the society as a whole.

I offer an alternative interpretation which aims to draw the line between the advertiser’s responsibility and that of the consumer, between misleading and miscomprehension.

Thank you

Regards:

{Lakshay Jindal}