{"id":8745,"date":"2024-09-05T13:00:36","date_gmt":"2024-09-05T11:00:36","guid":{"rendered":"https:\/\/www.mercuryabogados.com\/en\/?p=8745"},"modified":"2024-09-05T15:11:27","modified_gmt":"2024-09-05T13:11:27","slug":"misleading-advertising-is-also-a-crime","status":"publish","type":"post","link":"https:\/\/www.mercuryabogados.com\/en\/misleading-advertising-is-also-a-crime\/","title":{"rendered":"Misleading advertising is also a crime"},"content":{"rendered":"
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\n\t\t\t\t\t\tVeracity of advertising information\t\t\t\t\t\t<\/h2>\n\t\t\t\t\t\t\t\t\t\t\t
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The crime of misleading advertising<\/u><\/span><\/h3>\n

The crime of misleading advertising is regulated in the Spanish Penal Code in the article 282, establishing that it is committed when a manufacturer or merchant makes false allegations<\/strong> or manifests uncertain characteristics in its offers or advertising of the products or services, which may cause serious and obvious harm to consumers<\/strong>. The exercise of misleading advertising misleads the people in addition to affecting their economic behavior<\/strong> and harming its competitors.<\/span><\/p>\n

False statements or the omission of fundamental data about products or services<\/strong> constitute practices aimed at deceiving consumers. Therefore, it can be stated that misleading advertising<\/strong> presents data and offers content that can mislead consumers and users<\/strong>, with the advertising issuer exercising deliberate and conscious conduct. It is not necessary that consumers be induced to consume the advertised product<\/strong>, since it is sufficient for the advertisement to highlight some false quality that strengthens the attractiveness of the product<\/strong>.<\/span><\/p>\n

The main characteristics of misleading advertising<\/strong> focus on indications regarding the characteristics of the goods or services, such as their nature, composition, production process, date of manufacture, their benefits, use, technical specifications, geographical or commercial origin, the results that can be expected and the essential characteristics of the tests or controls carried out on the products or services.<\/span><\/p>\n<\/div>\n<\/div><\/div>

\n\t\t\t\n\t\t\n\t\t\t<\/span>\n\t\t\tLawyers in Marbella specialized in misleading advertising\t\t<\/span>\n\t\t\t<\/a>\n\t<\/div>\n<\/div><\/div><\/div>
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The crime of misleading advertising<\/strong> can only be committed through fraud, not through recklessness. Therefore: a possible negligence in the advertising of a product or service<\/strong> that causes some type of harm to a consumer must be claimed in civil jurisdiction<\/strong>, without constituting a crime of misleading advertising, because conscious action is required. The objective of the person who executes it is to obtain an economic benefit, not to harm anyone, but whoever executes it fully knows that the second condition will happen due to their monetary benefit, therefore, the crime it is also carried out by eventual fraud<\/strong>.<\/span><\/p>\n\n

Famous cases of misleading advertising<\/u><\/span><\/h2>\n\n

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