Read the fine print, don't be misled by advertising

Competition is fierce and there is no end to the sale adverts on radio and in news- papers.

But how do we know if we are being misled and if what is being advertised is what we will actually get?

Complaints about misleading adverts are not new. Consumer Affairs receives quite a few complaints from consumers who felt the product or service they bought was not as advertised.

We also get complaints from businesses that feel their competitors are advertising same or similar products in a misleading manner.

How do you know if an advertisement is misleading or simply comparative?

Misleading adverts make false promises about products and can leave out important facts and information, such as you might have to buy another product that is not advertised.

A misleading advertisement can be a spoken statement, such as one given by a sales representative, in person or over the phone, and this is more difficult to prove.

Fact

An advert can be deceptive in various ways, such as:

• It contains a false statement of fact. This may be possible to prove or disprove by evidence;
• It conceals or leaves out important facts that, had they been made known, would have affected your decision to buy;
• The business promises to do something but there is no intention of carrying it out;
• It creates a false impression. Even though everything stated may be true, the way it is said leaves the terms and conditions open to interpretation by the individual consumer.

Comparative advertising compares products and services between competitors who sell the same or similar products and services.

It is legal only if it is not misleading and meets a number of conditions, such as:

• Comparing goods and services on a like-for-like basis;
• It objectively compares representative features of those goods and services, which may include the price;
• It does not discredit the goods and services, trademarks or trade names of a competitor;
• It does not present goods and services as imitations or replicas of products bearing a protected trademark or trade name.

When a comparative advertisement refers to a special offer it must also include further information in a clear and unequivocal way.

This includes the date on which the offer ends or the period during which the special offer applies.

As a consumer you must be a responsible shopper and ask pertinent questions before purchasing.

You are less likely to fall prey to misleading advertising if you shop around, compare prices and read the fine print — most sales and special offers have terms and conditions.