Sanskriti Rastogi in this article critically analyses the various aberrations in the field of advertising which involve law violation.
Abstract
The high growth in disposable income and general buoyancy in consumer sentiments have contributed to the trend of reduced seasonality. The consumer is tempted to ask for branded items being advertised. Maturity of markets is related to maturity of consumers as well as producers where entire set of right and relevant information about the product is available to the consumer. In India, this does not happen, as neither the consumer protests nor the producer protects the interest of the consumer and intervenes to educate the consumer on right lines. An ad for Heinz shows a mother worrying about her son being teased by his friends as “half ticket” because he is short in height. In Maharashtra FDA has filed a charge sheet against Complan’s advertising claim that it can add two inches to Children’s height i.e. an exaggerated advertising claim. The competition for shelf space and ultimately the mind space has lead to infringement of trademark, design and packaging besides the comparative advertisements.
Competitive strategies employed by firms range from ethical business practices that reflect simple marketing rivalry to hostile posturing against competitors. A particularly malign form of competitive interaction involves predatory conduct by reducing the competitive viability of actual or potential competitors. This form of competitive interaction involves a firm’s attempts to benefit and advance in the market at the direct expense of its rivals through unethical intent and product disparagement. The cases of generic disparagement have drawn the attention of legal luminaries for quite some time.
The present article critically analysis the various aberrations in the field of advertising which involve law violation. It also gauges the efficacy of various legal instruments in our country. It concludes giving suggestions has to how the unethical practices can be curbed.