27No. 14
Advertisement to be
truthful
Consumer Protection
44.-(I) An advertiser shall ensure that an advertisement (a) conforms to
rules of decency, sincerity and truth;
(b) does not exploit superstition, ignorance or fear; and
(c) is distinct in whatever form it takes.
(2) Any advertiser who puts an advertisement that constitutes a false
or misleading offer or promotion of technology, goods, activities or
services shall be guilty of fraud.
(3) For the purposes of this section, false or misleading advertising
includes any type of business information or communication using
text, dialogue, sounds, images or descriptions which can directly or
indirectly, expressly or by omission, lead a consumer to mistake,
misunderstand or confuse
(a} the geographic, business or other origin of the offered goods
or the place for the rendering of services agreed upon or the
technology used;
(b) the components or ingredients of goods offered, or the
percentages of the same used therein;
(c) the benefits or repercussions of the uses or hiring such
technology, goods or services;
(d) the basic characteristics of the goods to be sold or the
technology to be supplied or the services to be rendered, such as size,
quality, usefulness, durability or any other standard deemed
reasonable and indispensable or a normal dealing relating to such
technology, goods or services;
(e) the date 'of manufacture or useful life of the technology or
goods,
(f) the terms of the warranties and guarantee as offered;
(g) the official or private, domestic or foreign recognition,
approvals or distinctions or licences, such as patents, trademarks,
medals, awards, prizes or diplomas;
(h) the price of the offered technology, goods or services, the terms
of payment and the cost of the credit; or
(i) any other particular material to the transaction involving the
technology, goods or services.
Abusive advertising
prohibited
Duration of
advertisement
necessary in
promotional sales, etc
45.-An advertiser shall not use abusive advertising.
46.–( I) An advertiser shall, in the case of promotional services,
sales or special offers, indicate in the respective advertisement the
duration thereof or, as the case may be, the nature or volume of the
technology, goods or services offered, as well as the general conditions, warranties, guarantee and terms of the proposed business.