The tantalising effects of fluttering eyelashes

The influence of advertising determines our day-to-day choices or, what is equally significant, creates new needs among consumers. There is a lot at stake and nifty marketing techniques underlie the rules of the game. The advertising machine works until the message is subjected to evaluation in terms of applicable legal regulations or internal codes of ethics adopted by the specific industry. This is the case when specific groups of people – entrepreneurs (and clients) or consumers – determine that a specific advertising message is misleading and thus prejudices their interests. The interests of an entrepreneur (and indirectly consumers) are guarded by the Suppression of Unfair Competition Act of 16 April 1993 (Dz.U. [Journal of Laws] of 2003 No. 153, item 1503 as amended). Consumers are protected by the Act of 23 August 2007 on the Counteraction of Unfair Commercial Practices (Dz.U. No. 171, item 1206 as amended). Another weapon available to these two groups is the possibility to refer to the Code of Ethics in Advertising adopted by the Union of Associations Advertising Council (an organisation responsible for advertising self-regulation in Poland). In light of the aforementioned acts, advertising activity aiming to mislead the audience is considered exceptionable. As a rule, the definition of misleading advertising makes reference to the directive of 10 September 1984 relating to the approximation of laws, regulations and administrative provisions of the Member States. According to this directive, misleading advertising means any advertising which in any way, including its presentation, deceives or is likely to deceive the persons to whom it is addressed or whom it reaches. It is also advertising which, by reason of its deceptive nature, is likely to affect their economic behaviour or which, for those reasons, injures or is likely to injure a competitor. (…)