False advertising

False advertising*

How to distinguish true from false. Since 1973, false advertising has been prohibited and criminally punishable. But a few common sense rules are enough to avoid falling into the trap. Advertisements from clairvoyants, astrologers, diviners, but also healers and sellers of miracle products have become commonplace, both in the specialized press and in general publications. Advertising, understood as broadcasting a message to promote a product or service that is part of a commercial activity, is a necessity dictated by competition rules. This allows the advertiser to make itself known and stand out from its competitors, by highlighting its originality and its strengths.

But if advertising is a necessity, it cannot, however, be without limits. An elementary rule is that the message broadcast must be true. The law therefore punishes any false advertising.

Know ethics

Indeed, under the terms of article L.121-1 of the Consumer Code (law of December 27, 1973), “any advertising containing, in any form whatsoever, false allegations, indications or presentations or likely to mislead is prohibited”.

Due to the nature of the activities promoted, advertisements relating to astrology and alternative medicine are particularly vulnerable to this incrimination. But we cannot ban all advertising of this type for this reason alone. The problem is more that the terms of certain advertisements exploit the credulity of readers, but also their difficult financial situation, their distress, their family and health problems. Some of these fraudulent practices fall under the umbrella of fraud.

But false advertising is as such reprehensible: it is an offense, punishable by maximum penalties of 2 years of imprisonment and a fine of 250,000 francs. The originality of the repression lies in the fact that not only the advertiser can be prosecuted, but also the advertiser and even the publishing director of the newspaper in which the advertisement appears. The latter therefore has a primary responsibility and must select publication requests using a few rules of ethics.

Sobriety or sensationalism of advertising

For example, by asking for justification on the testimonials which often adorn advertisements for clairvoyants and healers, or even on the alleged professional experience. Apart from this imperfect filter, it remains to lay down some common sense rules for the recipient of the advertising, that is to say the reader.

The terms of a grossly misleading advertisement are often enough to cast doubt on the veracity of the message and the skills of the advertiser.

As an example, we will take two questionable practices that we must be wary of:

• the fact that advertising is aimed directly at certain categories of people, who are particularly vulnerable (sick, unemployed, in a difficult emotional situation).

• The resounding announcement which guarantees, thanks to miracle methods, the certain occurrence of events (wonderful winnings in gambling, total recovery in a few days from a serious illness, lightning success both in love and at work).

Ultimately, the best advice to give the reader is to prefer the sobriety of an announcement to sensationalism.

Harald W. Renout Graduate of in-depth studies in criminal law and criminal policy

• Article published in INAD consommateurs