The Saga of the Directive on Misleading Advertising

Abstract

After reviewing the legislative history and the current situation regarding the adjustment of member states' laws to implement the European Community's Directive on Misleading Advertising, it is clear that those who plan or hope to influence future regulatory activities can learn significant lessons from the past. Regulation of advertising should be in accordance with economic and social facts and opinions that are relevant to European conditions, indeed to conditions in each member state. All major interested and knowledgeable parties—business, consumer groups and government—should be consulted and involved directly in the process. The advertising business should make efforts to educate others accurately about the nature of advertising, the process of preparing effective and appropriate advertising and advertising's effects on consumers, the economy and society. The advertising business should also develop self- regulatory systems more fully.