Misleading Advertising Practices in Consumer Transactions: Can Arab Lawmakers Gain an Advantage from European Insight?

Abstract

Abstract Only a few years after their enactment in several Arab states, consumer protection regulations were already demonstrating their inability to attain their objectives, with regard to the use of misleading commercial advertising in market transactions. Because the regulations are not equivalent to specific rules and prohibitions to address the use of misleading advertisements, many local parties have demanded that the regulations be amended. Although Islamic law also prohibits the use of misleading advertising, its guidelines do not provide specific prohibitions with which to control deceptive practices. In 2005, European legislators regulated Directive 2005/29/EC in an attempt to combat the use of unfair commercial practices, including the use of misleading advertising in market transactions. This Directive provides clear and specific measures enabling control to be carried out. This article will address how Arab lawmakers can benefit from this European experience.