Liability for false advertising
Posted: Tue Jan 28, 2025 6:06 am
In the absence of evidence that demonstrates the advertiser's lack of guilt in the fact of unfair PR, the company will bear the prescribed punishment. Enterprises have the right to carry out the following actions with PR materials:
design;
content;
Preparation.
Compliance of advertising with the requirements medicare leads email list of the law, including its correct content and design, is controlled by regional antimonopoly authorities. In this area, three types of liability are envisaged:
Administrative fine based on Article 14.3 of the Code of Administrative Offenses of the Russian Federation.
Criminal liability for deliberate placement of knowingly false advertising materials for selfish purposes that causes significant damage is provided for on the basis of Article 182 of the Criminal Code of the Russian Federation.
Civil liability provides for the right of persons who have suffered from unfair PR to file claims for compensation for damages incurred, including moral damages or lost profits.
As a result of placing dishonest advertising, the enterprise may be required to remove such materials or issue, at its own expense, a PR refutation aimed at reducing the harmful effect.
Download a useful document on the topic:
Checklist: How to Achieve Your Goals in Negotiations with Clients
Protection from unfair advertising
When a company's PR materials contain statements that its product is "the best of the best", this can be regarded as belittling the quality of competing products. Advertising cannot speak badly of other market participants. If such a fact is revealed, competitors can contact the FAS.
A consumer whose dignity has been negatively affected, misled or has led to other unfavorable consequences by certain PR materials has the right to contact FAS specialists to verify the advertising.
Thus, in any situations related to unfair PR, you should write to the Federal Antimonopoly Service. There are five ways to file complaints that any citizen can use:
Sending by mail to the address: Moscow, Sadovaya-Kudrinskaya St., 11, building 242, GSP-3, index 125993.
By e-mail: delo@fas.gov.ru.
On the official FAS portal: https://fas.gov.ru/approaches/send_to_fas.
Through the “Information, Communication and Advertising” section of the website www.gosuslugi.ru.
By visiting the local FAS office in person.
Both the advertiser and the distributor of these materials may be held liable for dishonest PR. When filing a complaint, subjects have the right to make demands on:
compensation for losses, moral damages, lost profits;
refutation of the information presented in advertising materials.
Thus, we can conclude that it is worth violating the requirements of the Law "On Advertising" only if you really want to attract the interest of the FAS or the attention of the public. If you do not need this, it is better to follow the order. And you should pay attention to the PR materials of competing firms in order to respond promptly if your rights are violated.
Author of the article
design;
content;
Preparation.
Compliance of advertising with the requirements medicare leads email list of the law, including its correct content and design, is controlled by regional antimonopoly authorities. In this area, three types of liability are envisaged:
Administrative fine based on Article 14.3 of the Code of Administrative Offenses of the Russian Federation.
Criminal liability for deliberate placement of knowingly false advertising materials for selfish purposes that causes significant damage is provided for on the basis of Article 182 of the Criminal Code of the Russian Federation.
Civil liability provides for the right of persons who have suffered from unfair PR to file claims for compensation for damages incurred, including moral damages or lost profits.
As a result of placing dishonest advertising, the enterprise may be required to remove such materials or issue, at its own expense, a PR refutation aimed at reducing the harmful effect.
Download a useful document on the topic:
Checklist: How to Achieve Your Goals in Negotiations with Clients
Protection from unfair advertising
When a company's PR materials contain statements that its product is "the best of the best", this can be regarded as belittling the quality of competing products. Advertising cannot speak badly of other market participants. If such a fact is revealed, competitors can contact the FAS.
A consumer whose dignity has been negatively affected, misled or has led to other unfavorable consequences by certain PR materials has the right to contact FAS specialists to verify the advertising.
Thus, in any situations related to unfair PR, you should write to the Federal Antimonopoly Service. There are five ways to file complaints that any citizen can use:
Sending by mail to the address: Moscow, Sadovaya-Kudrinskaya St., 11, building 242, GSP-3, index 125993.
By e-mail: delo@fas.gov.ru.
On the official FAS portal: https://fas.gov.ru/approaches/send_to_fas.
Through the “Information, Communication and Advertising” section of the website www.gosuslugi.ru.
By visiting the local FAS office in person.
Both the advertiser and the distributor of these materials may be held liable for dishonest PR. When filing a complaint, subjects have the right to make demands on:
compensation for losses, moral damages, lost profits;
refutation of the information presented in advertising materials.
Thus, we can conclude that it is worth violating the requirements of the Law "On Advertising" only if you really want to attract the interest of the FAS or the attention of the public. If you do not need this, it is better to follow the order. And you should pay attention to the PR materials of competing firms in order to respond promptly if your rights are violated.
Author of the article