FALSE ADVERTISEMENT OF CONSUMER PRODUCTS

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Published — February 1, 2021 

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

Aside from false advertisement, read also: LIABILITY FOR PRODUCT AND SERVICE

• Advertising means the business of conceptualizing an information about a product through mass media

• Failure to reveal an important fact is a form of deceptive advertisement

• No person is allowed to advertise any food unless such food products is duly registered and approved

Many small things have been made large by the right kind of advertising. – Mark Twain

In our previous article, we mentioned that consumer products and services mean goods, services and credits, debts or obligations which are primarily for personal, family, household or agricultural purposes, which shall include but not limited to food, drugs, cosmetics, and devices.

In order for the producers or sellers to make their products or services known to a greater population, advertisement plays an important role. Effective advertisement could mean a higher income on the part of the producers or sellers. However, advertising is not as simple as wanting to make a product sellable as the law always comes in.

What is advertising?

The law says:

Advertising means the business of conceptualizing, presenting or making available to the public, through any form of mass media, fact, data or information about the attributes, features, quality or availability of consumer products, services or credit.

In the advertising, it is unlawful for any person to disseminate or to cause the dissemination of any false, deceptive or misleading advertisement by Philippine mail, or in commerce by print, radio, television, outdoor advertisement or other medium for the purpose of inducing or which is likely to induce directly or indirectly the purchase of consumer products or services.

When is an advertisement false, deceptive, or misleading?

The law says:

An advertisement shall be false, deceptive, or misleading if it is not inconformity with the Consumer Act of the Philippines or any other related laws. In determining whether any advertisement is false, deceptive, or misleading, there shall be taken into account, among other things, not only representations made but also to the extent which the advertisement fails to reveal material facts in the light of such representations, or material with respect to the consequences which may result from the use or application of consumer products or services to which the advertisement relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual.

Do note that in advertising foods, drugs, cosmetics, devices or hazardous substances, no claim may be made in the advertisement which is not contained in the label or approved by the concerned department. Also, no person shall advertise any food, drug cosmetic, device, or hazardous substance unless such product is duly registered and approved by the concerned department such as the Bureau of Food and Drugs.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

All rights reserved.

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