Misleading advertising
Editorial and advertising
How is editorial content differentiated from advertising?
Editorial content is regulated by the Freedom of the Press Act (1949:105) and hence not subject to the marketing legislation. However, editorial content may be considered as marketing under the rules of marketing if the content has a commercial purpose and a pure commercial subject. Therefore, it is important to make a distinction between editorial content and marketing content.
Advertising that requires substantiation
How does your law distinguish between ‘puffery’ and advertising claims that require support?
There is no explicit distinction between ‘puffery’ and advertising claims that require support in the Marketing Practices Act, meaning that the same rules apply. Swedish case law is rather strict on puffery, but obvious and typical overstatements that consumers cannot conceive as a literal statement should not require substantiation.
Rules on misleading advertising
What are the general rules regarding misleading advertising? Must all material information be disclosed? Are disclaimers and footnotes permissible?
The Marketing Practices Act states that advertisers are not allowed to include incorrect claims or other representations that are misleading in marketing. This applies to marketing in all media. As a general rule, for information to be considered misleading or false, it shall affect a consumer’s ability to make an informed business decision. Furthermore,...
Renowned human rights lawyer, Femi Falana, SAN, has criticised President Bola Tinubu for relying on claims by United States President Donald Trump regarding the reported killing of senior Islamic ...