Misleading Consumers Research Articles

PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS PRODUK OBRAL DENGAN IKLAN TANPA INFORMASI YANG JELAS

The existence of a product that is sold on sale can benefit parties, (the businessperson and the consumer). However, the existence of hidden conditions in the sale of products sold on these sales, is clearly very detrimental to consumers. In order to be more attractive to consumers in buying sale products, businesses use advertising facilities but unfortunately, most of these advertisements contain information that is not clear, thus violating the rights of consumers, which in the end, consumers also suffer losses. The results of this study indicate that advertisements without clear information on sale products violate the provisions in Law Number 8 of 1999 concerning Consumer Protection, regulated in Article 11 where business actors in the case of sales made through sale or auction are prohibited from deceiving / misleading consumers by: stating goods as if they meet certain quality standards; does not contain hidden defects; not intending to sell the goods offered but with the intention to sell other goods; does not provide goods in certain quantities and / or sufficient quantities with the intention of selling other goods; and raise prices or tariffs of goods before making a sale. The responsibility of business actors in advertising product sales without clear information is to provide compensation to consumers in the form of refunds or replacement of goods (products) of the same type or equivalent in value to losses suffered by consumers.

Compliance with EU vs. extra-EU labelled geographical provenance in virgin olive oils: A rapid untargeted chromatographic approach based on volatile compounds

Many studies have shown that geographic origin is one of the most influencing factors in consumers’ choice of olive oil. To avoid misleading consumers, European regulation has established specific rules to report the geographical origin of extra virgin (EVOOs) and virgin olive oils (VOOs) on the product label, even if an official analytical procedure to verify the origin has not been yet defined. In this work, a flash gas chromatography (FGC) untargeted approach based on volatile compounds, followed by a chemometric data analysis, is proposed for discrimination of EVOOs and VOOs according to their geographical origin (EU and extra-EU). A set of 210 samples was analyzed and two different classification techniques were used, one linear (Partial Least Square-Discriminant Analysis, PLS-DA) and one non-linear (Artificial Neural Network, ANN). The two models were also validated using an external data set. Satisfactory results were obtained for both chemometric approaches: with PLS-DA, 89% and 81% of EU and extra-EU samples, respectively, were correctly classified; for ANN, the percentages were 92% and 88%, respectively. These results confirm the reliability of the method as a rapid approach to discriminate EVOOs and VOOs according to their geographical provenance.

PECULIARITIES OF USING SOCIOLOGICAL INTERVIEWS IN CARRYING OUT FORENSIC EXAMINATIONS IN THE FIELD OF INTELLECTUAL PROPERTY

The article provides materials regarding the peculiarities of the use of opinion polls in conducting forensic examinations in the field of intellectual property. It should be noted that when conducting research in order to answer the question about the possibility of misleading consumers, and the presence of reports on conducted sociological surveys in the case materials, it is advisable for experts to analyze the following factors: – compliance with the target audience, which was studied during a sociological survey, the target audience of the objects of study; – the correctness of the data and information used in the sociological survey; – the conformity of the questions submitted to the sociological survey with its goals and the questions of examination.

“Tobacco and Water”: Testing the Health Halo Effect of Natural American Spirit Cigarette Ads and Its Relationship with Perceived Absolute Harm and Use Intentions

ABSTRACT In 2015, the FDA formally warned Santa Fe Natural Tobacco Company that their “natural” and “additive-free” claims for its Natural American Spirit cigarettes conveyed reduced harm to consumers. In a settlement, Santa Fe was allowed to continue using the word “natural” in the brand name and the phrase “tobacco and water”. The company also uses eco-friendly language and plant imagery and these tactics have also been shown to communicate reduced product harm. In this study, we propose the health halo effect as an overarching framework for explaining how these ad tactics mislead consumers in an effort to provide more comprehensive guidance for regulatory action. In a between-subjects experiment, 1,577 US young adults, ages 18–24, were randomly assigned to view one of five Natural American Spirit cigarette ads featuring either: 1) eco-friendly language; 2) plant imagery; 3) the phrase “tobacco and water”; 4) all of these tactics; or 5) a control condition featuring none of these tactics. In line with past research, ads with the phrase “tobacco and water” or with all the tactics together (vs. control) created a health halo effect, increasing perceptions that Natural American Spirit cigarettes were healthier and had less potential to cause disease; these tactics also had an indirect positive effect on smoking intentions through reduced perceptions of the brand’s potential to cause disease and perceived absolute harm. Inconsistent with prior work, the eco-friendly language and plant imagery (vs. control) reduced healthfulness perceptions, increased perceptions of absolute harm, and had an indirect negative effect on smoking intentions. We contribute to past research showing that Natural American Spirit cigarette ad tactics mislead consumers. Inconsistent findings are explained in terms of stimuli design and processing of message features, indices of relative message persuasiveness, and multiple versus single-message designs.

USDA Reorganization Should Reduce Biotech Regulation and Feds’ Involvement in the Organic Industry

Recently the USDA proposed measures to “improve efficiencies” and help rural communities in “achieving prosperity.” The measures will not achieve such a goal. If “prosperity” is really USDA’s aim, we offer two suggestions to spur agricultural innovation and free farmers, agricultural scientists and businessmen to prosper. First, the USDA should end the unscientific regulation of molecular genetic engineering, which produces “GMOs,” and second, put an end to government officials’ involvement in misleading consumers about “organic” agriculture and food.

Adolescents’ Responses to Cereal Ads: An Assessment of Weight and Gender

ABSTRACTChildhood obesity is a health epidemic. While we know that food advertising is impacting dietary perceptions of youth, we do not know all of the contributing factors. Health claims are used as heuristic cues, often misleading consumers to perceive foods as healthier than they otherwise would believe. This study investigates how the body weight of characters in advertising leads adolescents to perceive a cereal’s healthfulness and appeal. Findings suggest that higher BMI adolescents in particular believe a food to be healthier when promoted by a thin character. Conversely, females preferred heavier models, suggesting positive changes in regard to body image and stigmatization of those who are overweight. Potential explanations of these findings and avenues for further investigation are discussed.

Misleading Consumers by Unfair Advertising; Competition Law in Sri Lanka (SL)

“Exaggerated claims of quality and selective discussion of the position attributes of a product or service are common and expected advertising practices.” Given the importance of the multiple mechanisms in the consumer protection Jurisprudence, this essay discusses the legal framework of advertising with examples in light of consumer protection Jurisprudence. Advertising plays a key role in the modern consumer society. While advertising makes available to consumers information which the advertiser wishes the consumer to have, it raises certain fundamental questions concerning its objectives and the techniques that are used. It is also alleged that advertisements tend to promote consumption by playing with consumers emotions and provide little information that are useful for evaluating competing products. It is therefore assumed that it is essential to regulate advertising. It is hereby critically evaluated that the above statement in the light of competition law and policy based on the legal regimes that is prevailing in Sri Lanka with that of Germany. It seeks to further scrutinize whether the advertising strategies are in line with the Competition Law and Policy. Legislation and regulations, their effectiveness, inefficiencies and limitations to provide adequate protections to the consumers. It is further investigated misleading, deceptive, false, comparative advertising and unfair competition to observe whether the present advertising strategies play out with emotions of the consumers other than providing appropriate information and proper comparisons. It is hereby promoted fair comparative advertising to increase a healthy competition which can be adopted to protect consumers and for them to provide information that are useful for evaluating competing products. Anti-competitive advertising in the present day context in Sri Lanka and is compared with the German Unfair Competition Act (UWG) for a better contrast and conclusion. The necessary data and information are simple surveys, discussions, published articles, books, journals and decided cases and relevant Acts have been used and analyzed to conduct this essay. In addition, many internet articles and web sites are referred to this work.

A Critical Overview of Labeling Information of Pomegranate Juice-Based Drinks: Phytochemicals Content and Health Claims.

Punicalagin is responsible for over 50% of the antioxidant activity of pomegranate, but ellagic acid (EA) and total polyphenol content (TPC) are also key parameters regarding pomegranate bioactivity. Many juices and other drinks based on pomegranate take advantage from the widespread healthy image of this fruit, whereas their real content of bioactive phytochemicals is low. For that reason, the objective of this study was to compare the labelling information with the real phytochemical contents (TPC, punicalagin [Pn] [isomers α, β], and EA). Titratable acidity (TA), color density (CD), polymeric color (PC), and sensory profiles (trained panel) were assessed. The experimental ranges of TPC and Pn contents were 2.75 to 70.9 mg/g and traces to 3.18 mg/g, respectively. The percentage of pomegranate juice was highly correlated with the intensity of the pomegranate ID attribute (R=0.85; p<0.001), Pn content (R=0.71; p<0.001), and EA content (R=0.36; p<0.001). The experimental results showed a high variability in the content of bioactive compounds and the need to urge food companies to optimize processes and storage conditions. Although no health claim for pomegranate has been authorized so far at the European Union, significant mismatches among labelling and bioactive compounds content are misleading consumers. PRACTICAL APPLICATION: Pomegranate juice and nectar producers need to evaluate the real content of bioactive Pn, EA, and TPC in their products to optimize formulation, heat treatment, packaging and storage conditions to guarantee high levels of bioactive compounds during shelf life. Producers' organizations may benefit from harmonizing Pom products labelling, so they may fulfill consumer expectations and may be ready if health claims are finally authorized for these products. The development of a new sensory quality marker will be an interesting option.

How Corporate Sharewashing Practices Undermine Consumer Trust

Sharewashing describes a platform’s act of misleading consumers by purposely portraying an image of social and ecological principles while the platform’s business model does not necessarily involve them. Drawing on Corporate Social Responsibility and Green Marketing literature, we propose and evaluate a research model for investigating the impact of sharewashing perceptions on consumer trust. Based on survey data from 145 millennials, our results reveal a significant negative effect of sharewashing perceptions on consumer trust, partially mediated by perceptions of risk and confusion. We discuss our findings in view of their practical and strategic relevance to sharing economy platform operators.

Heat maps: a case for inclusion in secondary statistics instruction

SummaryHeat maps have become ubiquitous in the media, yet students are rarely exposed to them and their inherent limitations and potential for misleading consumers. This article makes a case for exposing students to them in statistics instruction at the secondary and tertiary level.

IKTIKAD TIDAK BAIK DALAM PENDAFTARAN DAN MODEL PENEGAKAN HUKUM MEREK DI INDONESIA

Trade mark not only functions as an identity but also contains economic value so there are many efforts regarding bad-faith trademark registration. This study aimed to find the concept of bad-faith registration and to know the law enforcement in Indonesia. This was a normative legal research, with statute approach, conceptual approach, and case approach. The results of the study showed that: first, the concept of bad-faith has been regulated in Trademark Law Number 19 of 1992, Trademark Law Number 15 of 2001 and Law Number 20 of 2016. The concept of bad-faith is when an applicant is reasonably suspected to register his trade mark improperly and dishonestly to imitate, copy, or follow the trade mark of other parties for the interests of his business, create unfair business competition atmosphere, deceive, or mislead consumers. Second, the law enforcement on bad-faith trade mark registration is carried out by (a) rejecting the trade mark since registration process; (b) removal of trade mark by trade mark owners, government (ministers) or third parties; (c) revocation of trade mark by lawsuit in Commercial Court .

Misleading Consumers with Green Advertising? An Affect–Reason–Involvement Account of Greenwashing Effects in Environmental Advertising

Drawing from the affect–reason–involvement model, we examine how misleading advertising about the environmental features of products, or greenwashing, affects how consumers perceive ads and brands. Using data from two experimental studies with quota-based samples in the United States (N = 486) and Germany (N = 300), we compare nondeceptive claims with two types of claims often used in greenwashing: vague claims and false claims. We also identify the presence of pleasant nature-evoking images and test for interaction effects with two types of environmental involvement: environmental concern and environmental knowledge. Results indicate that while vague claims do not enhance consumers' perceived greenwashing regardless of their environmental knowledge or concern, false claims do, which consequently harms consumers' attitudes toward those ads and brands. In the United States, consumers' environmental knowledge moderates that effect, whereas all consumers in Germany could identify false claims as attempts at greenwashing. Moreover, associating greenwashing claims with nature-evoking images activates an affective persuasive mechanism that appeals to consumers' affinity for nature, which not only positively influences their evaluations of ads and brands but also influences their attitudes toward ads and brands more strongly than perceived greenwashing. In closing, we discuss the theoretical and practical implications of these findings.

La protección constitucional del consumidor frente a la publicidad engañosa

The dynamics of the consumer society has turned misleading advertising into one of the main problems that citizens face in contemporary times. The need of the entrepreneur to extend his products to a massive public, in a competitive market, sometimes leads him to alter the information he disseminates, misleading consumers. The objective of this article is to analyze the new advertising scenario, checking if the person's ability to choose is flawed, thus violating free competition. This increase in the assumptions of misleading advertising requires legal research on advertising discourse at present and the application of the principle of truthfulness, in accordance with the doctrinal positioning of various authors specialized in the subject. In summary, this research studies the right to receive truthful and objective information that the consumer has, focusing on the protection that the constitutional text establishes for the cases of deception or error in advertising.

Ohio telephone fundraising firm fined for misleading consumers

Under a proposed settlement agreement with the Federal Trade Commission, InfoCision Inc., an Akron, Ohio–based fundraising company, will pay a $250,000 civil penalty to settle charges that its telemarketers misled consumers by not disclosing that they were calling to solicit charitable contributions.

Role of official editors in proving ownership: دور المحررات الرسمية في إثبات الملكية

The study dealt with the issue of consumer protection against misinformation in the light of the Saudi and Emirati laws. The study has clarified that the commercial advertisements are positively important, and that the offer to addressed the public through advertisements is also positive. The commercial contract is made via to the advertisements. The commercial advertisements are one of the ways which is making the contract between the party and the consumers. The study has discussed and clarified the mechanisms which can protect the consumer from misleading advertising. And also talked about the responsibility of the advertiser in clearing commercial advertising, and the issues of civil and criminal responsibility of misleading advertising. Then the study detailed the issue of consumer protection from misleading advertising in the Saudi system in general, where the system defined the advertisements as anyone who advertises or promotes the product using various means of advertising. And also the study indicates that there is no specific definition on what accurately is applying in this regard in the Saudi system, or definition of the person of the advertiser. This is what is taken as it opens the way for advertisers to exploit this in misleading consumers within the system. The first was clearly and unambiguously, For example, which is considered misleading if it affects the average consumer, who has a moderate state of caution and intelligence. The study also examined the issue of consumer protection against misleading advertising in UAE law. The UAE, through the consumer protection law and its executive regulations, detailed the provisions related to the commercial advertisement, and the penalties imposed on misleading advertising.

- Protecting consumers from misinformation in the Saudi and Emirati laws - A comparative study : حماية المستهلك من الإعلانات المضللة في النظام السعودي والقانون الإماراتي - دراسة مقارنة -

The study dealt with the issue of consumer protection against misinformation in the light of the Saudi and Emirati laws. The study has clarified that the commercial advertisements are positively important, and that the offer to addressed the public through advertisements is also positive. The commercial contract is made via to the advertisements. The commercial advertisements are one of the ways which is making the contract between the party and the consumers. The study has discussed and clarified the mechanisms which can protect the consumer from misleading advertising. And also talked about the responsibility of the advertiser in clearing commercial advertising, and the issues of civil and criminal responsibility of misleading advertising. Then the study detailed the issue of consumer protection from misleading advertising in the Saudi system in general, where the system defined the advertisements as anyone who advertises or promotes the product using various means of advertising. And also the study indicates that there is no specific definition on what accurately is applying in this regard in the Saudi system, or definition of the person of the advertiser. This is what is taken as it opens the way for advertisers to exploit this in misleading consumers within the system. The first was clearly and unambiguously, For example, which is considered misleading if it affects the average consumer, who has a moderate state of caution and intelligence. The study also examined the issue of consumer protection against misleading advertising in UAE law. The UAE, through the consumer protection law and its executive regulations, detailed the provisions related to the commercial advertisement, and the penalties imposed on misleading advertising.

A health app developer\u2019s guide to law and policy: a multi-sector policy analysis

BackgroundApps targeted at health and wellbeing sit in a rapidly growing industry associated with widespread optimism about their potential to deliver accessible and cost-effective healthcare. App developers might not be aware of all the regulatory requirements and best practice principles are emergent. Health apps are regulated in order to minimise their potential for harm due to, for example, loss of personal health privacy, financial costs, and health harms from delayed or unnecessary diagnosis, monitoring and treatment. We aimed to produce a comprehensive guide to assist app developers in producing health apps that are legally compliant and in keeping with high professional standards of user protection.MethodsWe conducted a case study analysis of the Australian and related international policy environment for mental health apps to identify relevant sectors, policy actors, and policy solutions.ResultsWe identified 29 policies produced by governments and non-government organisations that provide oversight of health apps. In consultation with stakeholders, we developed an interactive tool targeted at app developers, summarising key features of the policy environment and highlighting legislative, industry and professional standards around seven relevant domains: privacy, security, content, promotion and advertising, consumer finances, medical device efficacy and safety, and professional ethics. We annotated this developer guidance tool with information about: the relevance of each domain; existing legislative and non-legislative guidance; critiques of existing policy; recommendations for developers; and suggestions for other key stakeholders.ConclusionsWe anticipate that mental health apps developed in accordance with this tool will be more likely to conform to regulatory requirements, protect consumer privacy, protect consumer finances, and deliver health benefit; and less likely to attract regulatory penalties, offend consumers and communities, mislead consumers, or deliver health harms. We encourage government, industry and consumer organisations to use and publicise the tool.

Can Bonus Packs Mislead Consumers? A Demonstration of How Behavioural Consumer Research Can Inform Unfair Commercial Practices Law on the Example of the ECJ\u2019s Mars Judgement

The use of psychological findings in EU internal market regulation has gained interest, particularly in the area of unfair commercial practices. This study investigates consumer perceptions of bonus packs containing an oversized indication of the “extra” volume in the package, such as in the Mars case. The Mars case serves as a standard reference in EU unfair commercial practices law which is used as a benchmark to determine the “average consumer.” Our study demonstrates how an experiment can be set up to provide empirically based insights on whether a practice is “deceptive.” Results of our experiment show that consumers overestimate the extra volume when confronted with an oversized indication compared to control conditions, which is first empirical evidence that this practice is potentially deceptive.

Unfair Competition or the Abuse of the Right in the Process of Trademark Registration: Characterization Problems and Ways of Protection

The criteria for distinguishing the elements of unfair competition and abuse of the trade mark rights during the process of trade mark registration have not been developed either at the level of the doctrine or judicial practice. These institutions are often commingled. In this paper the authors justify inadvisability of applying elements of unfair competition to the trade mark registration. Based on the analysis of judicial practice, it is possible to conclude that unfair trademark registration does not always affect competition. Even in cases when there is a likelihood of such an impact, the courts do not establish the existence of such an impact and do not determine possible competitors of the right holder. The conclusion concerning the applicant's good faith or bad faith during the process of the trademark registration must be made in terms of conformity with the trademark functions (improvement of the quality of goods, reduction of the cost of the consumer choice, etc.), and not only in terms of securing free competition. If a sign was previously used without registration by other persons registered as a trademark, a distinction must be made between two cases. First, when an applicant is interested in using the trademark and associating his own positive reputation (good will) with it. Before an application for registration was filed, he had used a sign along with other persons and that sign had not lost its differentiating capacity. In this situation, registration is consistent with the institutional designation of the trademark, although it is detrimental to the interests of competitors. The sign becomes a fully fledged identifier indicating the source of the goods, and the risk of misleading consumers is diminished. Therefore, the trademark registration must be retained. Second, when an application for the registration of a trademark is submitted by an entity that is not interested in using the trademark, but is acting solely for the purpose of causing harm to the competitor, the acts of an applicant should be terminated. In this case, the trademark registration should be recognized as invalid. Under current laws, the registration of a trademark for inappropriate purposes should be characterized as an abuse of the right. The trademark de lege feranda registration on the grounds of bad faith must be immediately challenged in court. Within the current legislative framework at the level of judicial practice, it is justifiable to formulate a clear conclusion that there is a possibility to use a separate claim to treat the trademark registration as the abuse of the right.

Nutrition and health claims on healthy and less-healthy packaged food products in New Zealand.

Nutrition and health claims are displayed to influence consumers' food choices. This study assessed the extent and nature of nutrition and health claims on the front-of-pack of 'healthy' and 'less-healthy' packaged foods in New Zealand. Foods from eight categories, for which consumption may affect the risk of obesity and diet-related chronic diseases, were selected from the 2014 Nutritrack database. The internationally standardised International Network for Food and Obesity/Non-Communicable Diseases Research, Monitoring and Action Support (INFORMAS) taxonomy was used to classify claims on packages. The Nutrient Profiling Scoring Criterion (NPSC) was used to classify products as 'healthy' or 'less healthy'. In total, 7526 products were included, with 47 % (n 3557) classified as 'healthy'. More than one-third of products displayed at least one nutrition claim and 15 % featured at least one health claim on the front-of-pack. Claims were found on one-third of 'less-healthy' products; 26 % of those products displayed nutrition claims and 7 % featured health claims. About 45 % of 'healthy' products displayed nutrition claims and 23 % featured health claims. Out of 7058 individual claims, the majority (69 %) were found on 'healthy' products. Cereals displayed the greatest proportion of nutrition and health claims (1503 claims on 564 products), of which one-third were displayed on 'less-healthy' cereals. Such claims could be misleading consumers' perceptions of nutritional quality of foods. It needs to be explored how current regulations on nutrition and health claims in New Zealand could be further strengthened (e.g. using the NPSC for nutrition claims, including general health claims as per the INFORMAS taxonomy) to ensure consumers are protected and not misled.