False Advertising is not Fraud
Marketing is one department of a business entity that dealt with acquiring back invested capital. Any commerce would fail without adequate promotion capabilities. What’s the use of the industry if you are not able to bring back the ROI or the investment returns. The burden now lies with the advertising department. False advertising is not to be considered a Fraud due that advertising only aims of catering to more and more clients that would need their products and/or services.
The advent of e-commerce has also lead to the development of too many publicity. With the growing competition and arrival of advanced technology, it is inevitable that your business competitor is from another continent. Strategies are then implemented to cater the growing needs of the customers and the scope of client market for the seller to compensate for the growing competition on their trade entity.
By examining “Honest Advertising” Statutes of the Columbia Law Review, D.H. Van Doren, Editor-in-Charge has stated that,
dishonesty is treated only if it resulted in an actual wrong to the owner’s possession or if a “cheat” was effected by deceitful or illegal tokens or symbols likely to affect the public at large and against which common prudence could not have guarded. One who circulated false advertisements would therefore not subject to criminal prosecution but vulnerable to civil side of the law in certain cases on the ground of unfair competition.
There are so many false advertising running around most especially on e-commerce, class suits had been filed on some companies like AOL.com who had won several cases against fraudulent advertising due to spam emails by Matthew Broersma published by ZDNet News back December 20, 1998.
With the threat to losing market share, false advertising are on the loose everyday on our email account. It would just be a matter of believing and confirming so that our health, life may not be endanger.
Van Doren, D.H.”Columbia Law Review.” Vol. 17, No. 3 (Mar., 1917), 258-260.
“AOL wins spam cases, files more.” 20 December 1998. ZDNet Where Technology Means Business. 20 December 1998< http://news.zdnet.com/2100-9595_22-513185.html>