Truth in Advertising: Protecting Consumers from Deceptive Practices

AT A GLANCE

Under Article 4(b) of Republic Act no. 7394, otherwise known as the Consumer Act of the Philippines, advertising means the business of conceptualizing, presenting or making available to the public, through any form of mass media, fact, data or information about the attributes, features, quality or availability of consumer products, services or credit.

What is Advertising?

Under Article 4(b) of Republic Act no. 7394, otherwise known as the Consumer Act of the Philippines, advertising means the business of conceptualizing, presenting or making available to the public, through any form of mass media, fact, data or information about the attributes, features, quality or availability of consumer products, services or credit.

This definition reflects the law’s recognition that advertising spans multiple platforms, from traditional print and broadcast media to modern digital channels.

Prohibited Acts: False, Deceptive, and Misleading Advertisements

The same law categorically protects consumers from false, deceptive, and misleading advertisements. 

Article 110 of Republic Act No. 7394 states that it shall be unlawful for any person to disseminate or to cause the dissemination of any false, deceptive or misleading advertisement by Philippine mail or in commerce by print, radio, television, outdoor advertisement or other medium for the purpose of inducing or which is likely to induce directly or indirectly the purchase of consumer products or services. 

When Does an Advertisement Become False, Deceptive and Misleading?

The determination of whether an advertisement is false, deceptive, or misleading goes beyond outright falsehoods is also provided under Article 110. It states that an advertisement shall be false, deceptive or misleading if it is not in conformity with the provisions of this Act or if it is misleading in a material respect. In determining whether any advertisement is false, deceptive or misleading, there shall be taken into account, among other things, not only representations made or any combination thereof, but also the extent to which the advertisement fails to reveal material facts in the light of such representations, or materials with respect to consequences which may result from the use or application of consumer products or services to which the advertisement relates under the conditions prescribed in said advertisement, or under such conditions as are customary or usual. 

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