Considers all aspects of advertising to determine if it is misleading, including information on products, prices, and the advertiser's attributes and rights.
Definition
Excerpt
In determining whether advertising is misleading, all its features shall be taken into account, and in particular any information it contains concerning:
a) the characteristics of goods or services, such as their availability, nature, execution, composition, method and date of manufacture or provision, fitness for purpose, uses, quantity, specification, geographical or commercial origin, or the results that may be obtained from their use, or the results and material features of tests or checks carried out on the goods or services;
b) the price or the manner in which the price is calculated and the conditions on which the goods or services are supplied;
c) the category, attributes and rights of the advertiser, such as his identity and assets, his qualifications and ownership of intellectual and industrial property rights, all other rights over intangible property relating to the business and his awards or distinctions.
Related cases
Ryanair was held liable for not providing adequate information or giving misleading information to consumers acquiring the insurance policy covering the risk of travel cancellation.
The Italian Competition Authority found that "Edates" made it challenging for consumers to cancel subscriptions, sent frequent payment reminders, and made unauthorized credit card withdrawals, violating consumer rights.
Related deceptive patterns
The user finds it easy to sign up or subscribe, but when they want to cancel they find it very hard.
The user is unknowingly enrolled in a recurring subscription or payment plan without clear disclosure or their explicit consent.