Under the Medical Care Act, advertising regarding a medical practice, dental practice, hospital or clinic is strictly limited and comparative advertising, misleading or exaggerated advertising, non-objective advertising (without good evidence) and immoral advertising are prohibited.
In what countries is comparative advertising illegal?
Countries with strong restrictions against comparative advertising include: Argentina, China, El Salvador, Germany (Though a recent case suggests liberalization of its policy), Greece, Japan, Italy, and South Africa.
Is comparative advertising allowed?
What is comparative advertising? The UK’s comparative advertising rules are now entirely derived from EU law (and will be for the foreseeable future, unless and until the UK government decides to replace them with something home grown).
How does Japan regulate advertising?
Advertisement Laws in Japan
The primary law to regulate advertising in Japan is the Act Against Unjustifiable Premiums and Misleading Representations . The core principle of this law is to prohibit non-factual expressions in advertisements. … You need to hire a legal translator.
When did comparative advertising become legal?
The difficulties in controlling many forms of advertising, including comparative, through the common law led to the enactment of two important statutes; the Federal Trade Commission Act and the Lanham Act. Products” 1958].
Why is comparative advertising illegal?
Comparative advertising is not illegal and there are no special rules to follow when creating comparative advertisements. … When portraying comparative product examples advertisers must comply with the general legal principle applying to all advertising – ie that the campaign must not be misleading or deceptive.
Is comparative advertising legal in Germany?
Ever since the FCJ issued its landmark judgment in the “test price offer” case on 5 February 1998, comparative advertising has been permitted in Germany provided the requirements laid down in the Directive are met.
Is comparative marketing legal?
According to the statute Comparative Advertising is permissible, with certain limitations as to unfair trade practices. The Trade Marks Act is an attempt to balance the conflicting interests of the rights of registered trade mark owners and a compelling consumer interest in informative advertising.
Is comparative advertising legal in UK?
Yes, comparative advertising is legal. However, complex rules apply regarding what comparisons may be drawn. This is an area that has been subject to a lot of intellectual property disputes, so care must be taken to ensure that advertisements comply with applicable law.
Is comparative advertising legal in Malaysia?
Recent laws have allowed comparative advertising as long as it does not mislead the public. In Malaysia, sections 38(1)(b) and (c) of the Malaysian Trade Marks Act 19762 provide for the infringement of trademark by “importing a reference to the proprietor or registered user or to the goods of each of them”.
Can you advertise alcohol in Japan?
Advertising for alcohol beverages shall not be placed on television and radio programs, in newspapers, magazines, in digital media on the internet, and flyers that target minors or persons under the legal drinking age. … Models and actors employed to appear in advertising and marketing materials shall not be the minors.
Is comparative advertisements Ethical should it be legally allowed to continue?
Conclusion. While advertising or selling products, the advertisers must keep in mind that any comparison or assertions made with any competitors’ products must not violate the legal provisions causing disparagement to other brands.
Is comparative advertising legal in India?
Comparative advertising is ordinarily legal and permissible if it meets certain basic conditions. The Advertising Standard Council of India (ASCI) in its Code for Self Regulation of Advertising content in India (see: ), offers a few thumb rules for making comparative claims.
What is another term of comparative advertising?
Also referred to as “knocking copy”, it is loosely defined as advertising where “the advertised brand is explicitly compared with one or more competing brands and the comparison is obvious to the audience”. …