Legal and social issues in advertising

1. PUFFERY/FRAUDULATION
Very often we hear that advertisement exaggerates about the product qualities. Now
a days ‘puffery’ i.e. “metaphor of idea” forms to be main element in advertising. On
the one hand critics accuse it, while on the other defenders i.e. advertisers and
advertising professionals opined it as a helping agent to differentiate their brands
from the competitors.
UNTRUTHFUL OR DECEPTIVE
he following acts are considered unfair or deceptive practices : a) False promises b)
Incomplete Descriptive c) Misleading Comparisons d) Bait and Switch Offers e) Visual
Distortions f) False Testimonials g) False Comparisons h) Partial Disclosures i) Small –
Print Qualifications j) Laboratory Application
OFFENSIVE OR IN BAD TASTE
Another one of the major complaints against advertisements is offensive, tasteless,
irritating, boring, obnoxious & so on. Taste is subjective i.e. what is good taste to one
may be bad for some one elseThe type of appeal or the manner of presentation
often irritates consumer. E.g. Fear Appeal in Deodorants, Mouthwash & Anti-
dandruff shampoo ads are criticized to create anxiety & fear to be rejected in the
society; Sexual Appeal - Female as sex objects in masculine products like shaving
creams, undergarments etc.
CREATES MATERIALISTIC DEMAND
Many critics claim that the advertising encourages materialism. Few critics attribute
to advertising that a) Seeks to create needs rather than merely showing how a
product or service fulfils them; b) Surrounds consumers with the images of good life
and convinces how the materialistic possessions leads to happiness in life. c) Portrays
these possessions as symbol of status, success, social acceptance, popularity, sex
appeal and so on.
MAKES PEOPLE BUY THE THINGS NOT NEEDED
Advertising creates artificial needs. Advertises motivates and persuades consumers
to buy the things that are not needed even. According to many critics advertising
should not persuade by playing with consumers emotions, anxieties, psychological
needs & desires such as status, self esteem, attractiveness People buy DVDs, Frozen
Orange Juices, Cars & so on, even if they not need it. People spend and status or self-
actualization to satisfy their self-esteem and status or self actualization.

2. COMPARATIVE ADVERTISING
Comparative advertising is another unethical practice of advertising besides
fraudulent and deceptary advertising. E.g.: The advertisements of Pepsi of Coca Cola:
Both the brands try to compare their brands & the series try to cut the features
shown in their advertisements. Comparative advertising has become a major weapon
though it is very risky. Likewise, claiming & playing with numbers & facts while
comparing with competitors in form of testimonials sometimes can lead the
advertisers to the legal authorities
STEREOTYPE
Advertising is often criticized of creating & perpetuating stereotypes through
portrayal of women, ethnic minorities & other groups. It involves presenting a group
of people in a pattern or manner that lacks individuality. In our society, we have
many stereotypes like South Indians are intellectuals; Punjabi’s are boisterous & so
on Women: The most controversial of the stereotypes portrayed in advertisements is
that of women & failing to recognize the changing role of women in our society
ADVERTISING AND SEX
Critics often accuse advertising for portrayal of women as glamour props. Sex in
Advertising is the most controversial aspect, which is much of social issue than an
ethical issue. As discussed earlier about the stereotype in portraying women as
housewives let us now discuss about objectifying women in the advertisements. E.g.
In the advertisement of ‘Gel Pen’ the exposure of women & copy saying ‘sab kuchh
dikhta hai’ is a matter of critique. Similarly ad of Tuff Shoes portraying the male &
female models wearing tuff shoes
IMPROPER LANGUAGE
One of the major complaints against advertising is that the advertising copy is too
breezy, too casual i.e. improper. It is believed that the advertisements have
destroyed the dignity of the language.
EXCESSIVE
In today’s world on an average are exposed to 1000 commercial messages per day.
The advertising clutter is even worrying the advertising professional about the
negative impact of advertising proliferation. With the increase in brand and the mass
media options to choose from, there is a boom in advertising industry today.