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Article
Publication date: 20 March 2009

Geraint Howells, Hans‐W. Micklitz and Thomas Wilhelmsson

The purpose of this paper is to examine the concept of unfair commercial practices in advertising and marketing law.

Abstract

Purpose

The purpose of this paper is to examine the concept of unfair commercial practices in advertising and marketing law.

Design/methodology/approach

The differences addressed in the paper relate to the role or tasks of consumer law in regulating the marketplace.

Findings

A comparison of the UK, German and Nordic approaches reveal interesting differences at least in nuances in the approach to omission of information as an unfair commercial practice.

Originality/value

The paper provides useful analysis of the deeper understandings behind unfair commercial practices law.

Details

International Journal of Law and Management, vol. 51 no. 2
Type: Research Article
ISSN: 1754-243X

Keywords

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Article
Publication date: 7 August 2017

Paolo Passarini, Alessio Cavicchi, Cristina Santini and Gabriele Mazzantini

The Italian legislature GAVE to the Italian Competition Authority has an increasingly prominent role for the consumer protection over the years, especially giving the…

Abstract

Purpose

The Italian legislature GAVE to the Italian Competition Authority has an increasingly prominent role for the consumer protection over the years, especially giving the possibility to impose fines against companies. The purpose of this paper is to focus on the Italian system of consumer protection, studying the impact of these fines on the Italian agrifood companies till 2012.

Design/methodology/approach

Grounded theory approach was used in order to formulate new hypothesis from emerging data. Information and data were collected through several sources: interviews with key informants of ICA, secondary data from ICA database, a survey run among companies that received a penalty from ICA during the period 2007-2012, companies website, LexisNexis database and National print and web media titles.

Findings

From the analysis it emerges that there is an accurate system planned for avoiding and limiting misleading practices. Firms in fact have been capable to adapt to the set of imposed rules and to reduce the efficacy of the proposed dissuasive system.

Originality/value

The originality of this study regards the way in which the consumer protection was investigated, in fact it takes into account the relationships between ICA and IAP, two of the most important players of consumer protection in Italy. Moreover, the study is focussed on the agrifood sector. The authors give some recommendations for future interventions focussing on the length of time of the process, which could have a positive impact on the effectiveness of sanctions.

Details

British Food Journal, vol. 119 no. 8
Type: Research Article
ISSN: 0007-070X

Keywords

Content available
Article
Publication date: 18 January 2008

Katherine Southby

Abstract

Details

Strategic Direction, vol. 24 no. 2
Type: Research Article
ISSN: 0258-0543

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Article
Publication date: 31 May 2007

Arnold Roosendaal and Simone van Esch

Internet forms a popular forum for information exchange between consumers, while online marketing has opened a range of new facilities for companies to promote and sell…

Abstract

Internet forms a popular forum for information exchange between consumers, while online marketing has opened a range of new facilities for companies to promote and sell their products. This article aims to find out if consumer power has increased as a result of comparison websites and access to more information, or whether it has decreased because of unreliable companies and websites that misuse identity concealing features of the Internet. Main question is whether the autonomy of consumers, and therewith the position of power against producers, is restricted by advertisement techniques from producers who are using the Internet, and if there are causes for concern. Attention will be paid to current legislation on consumer protection and on unfair commercial practices, and implications of online shopping are discussed. Methods such as ‘markufacturing’ and comparison websites are discussed explicitly. Some focus points are provided as a first onset to further regulation in order to retain fair power positions between producers and consumers.

Details

Journal of International Trade Law and Policy, vol. 6 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Abstract

Details

Young Consumers, vol. 15 no. 1
Type: Research Article
ISSN: 1747-3616

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Article
Publication date: 21 November 2008

Agnes Nairn

Against a background of social concern about the commercialisation of childhood, the purpose of the paper is to analyse the commercial activity on the favourite web sites…

Abstract

Purpose

Against a background of social concern about the commercialisation of childhood, the purpose of the paper is to analyse the commercial activity on the favourite web sites of UK children and report the views of a sample of parents and children.

Design/methodology/approach

The paper reviews the theory underpinning current debate over risks to children from online commercialism and summarises the key provisions laid out in current international regulatory guidelines. The broad principles of protection from harm and deception are identified. This review is used to frame a research design encompassing web site observation and qualitative data collection from children and parents.

Findings

A great deal of advertising is poorly labelled and deceptively integrated into content. Most sites visited by children are created for an adult audience which means 25 percent of adverts were for dating, gambling, loans, surgery and age‐restricted products. There was also evidence of pester power, dubious “free” offers and incitement to make impulse purchases using mobile phone credit.

Research limitations/implications

Surveys of commercial activity on children's web sites must be ongoing as technology, advertising techniques and regulation change at a fast pace.

Practical implications

Companies which attract a child audience (inadvertently or not) should revise their strategy for selling advertising space. Advertisers should review potentially deceptive techniques such as advergames, product placements and embedded commercial content. “Wish lists” should be reviewed in the light of guidelines on pester power. Online payment methods available to children should be reviewed.

Originality/value

This is one of the first overall assessments of the commercial content of UK children's web sites.

Details

Young Consumers, vol. 9 no. 4
Type: Research Article
ISSN: 1747-3616

Keywords

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Article
Publication date: 8 June 2012

Stephen Potter

The purpose of this paper is to show that in any business operation legal constraints and requirements impact upon the activities undertaken with the particular focus of…

Abstract

Purpose

The purpose of this paper is to show that in any business operation legal constraints and requirements impact upon the activities undertaken with the particular focus of reference to the provision of food in a public house and restaurant setting.

Design/methodology/approach

The methodology adopted is that of qualitative secondary research drawing on published materials in the form of legal regulations and judicial precedents, and from governmental organisations, trade associations and news articles. This approach is appropriate to the nature of the work, which seeks to raise an awareness of some of the hazards and ramifications, which may result from a failure to appreciate and observe legal standards of conduct.

Findings

The research carried out for this paper reveals examples of the range of legal measures under both the criminal and civil law in the UK which should be met in the commercial provision of food, thereby, in part, contributing to the success and reputation of the business. The rationale for both criminal and civil law is indicated together with the means of enforcement and the consequences of infringement.

Research limitations/implications

The work is not intended to constitute a comprehensive or speculation‐free statement of the totality of the legal measures which operate in this area, nor to be technical in nature, nor to amount to legal advice, but it is intended to highlight some of the legal pitfalls which may await the unwary or insouciant in the supply of prepared food meals to customers and consumers. Each country has its own legal system and regulations in varying degrees, although there may be similarities in certain respects, such as in the common law jurisdictions of the Commonwealth and the USA, which have been influenced by English law. Within its areas of legal competence, the European Union has sought to effect harmonisation amongst the member states. As there is no universal system of the legal regulation of food provision, this makes it imperative that appropriate guidance and advice are obtained locally before commencement of activity. To keep within reasonable bounds, this paper is confined to UK law. However, this should serve to exemplify the standards of a democratic and commercially sophisticated country with regard to the subject matter under examination.

Practical implications

The paper concludes with a number of suggestions of a practical character, which may be of interest to those engaged in the provision of food in public houses and restaurants.

Originality/value

The material employed in this work has been gathered from a variety of sources, with the intention that the selections made, together with the interpretations given, serve a useful function in bringing into prominence that in the provision of food, with particular reference to those operating public house and restaurant businesses, it is essential that proper attention is given to all necessary legal considerations.

Details

Worldwide Hospitality and Tourism Themes, vol. 4 no. 3
Type: Research Article
ISSN: 1755-4217

Keywords

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Article
Publication date: 14 September 2015

Liesbeth Hellemans, Eva Lievens and Peggy Valcke

This paper aims to examine the challenges raised by hybrid advertising strategies for principles of identification and separation, included in various regulatory…

Abstract

Purpose

This paper aims to examine the challenges raised by hybrid advertising strategies for principles of identification and separation, included in various regulatory instruments, and the Audiovisual Media Services Directive (AVMSD) in particular.

Design/methodology/approach

First, this paper describes two examples of hybrid (television) advertising formats, with a potential interconnection between editorial and commercial content, such as advertorials and commercial overlays. This section is followed by an analysis of the origins and key elements of the identification and separation principle. Next, the implementation in legislation of Belgium (Flanders region), The Netherlands and the UK, and decisions of media regulators in those countries are explored to assess how the principles are interpreted in practice. Finally, the authors identify the concrete challenges that these formats raise and frame those against the background of European policy developments.

Findings

The analysis shows that the current interpretation of the identification and separation principles conflicts with the inherently integrated features of hybrid advertising formats, especially commercial overlays. To remedy this, the authors propose strengthening the identification principle, for instance, by developing cross-media labels and framing this within a co-regulatory framework where advertisers and media service providers take up their responsibility to respect fundamental principles and protect less cognitively skilled consumers, such as children.

Originality/value

This paper aims to contribute to the current re-thinking of the legal framework with regard to new commercial communication techniques, convergence and public interest goals. This can be framed against the background of the revision of the AVMSD and the Digital Single Market Strategy.

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Article
Publication date: 31 December 2004

Richard Linning

Who started it we will never know. But from the birth of newspapers, advertisers realised that the third party endorsement of apparently independent editorial reporting…

Abstract

Who started it we will never know. But from the birth of newspapers, advertisers realised that the third party endorsement of apparently independent editorial reporting delivered their message more cheaply – and arguably more credibly – than paid advertising. Thus in the 17th century the publicist was born to service “the fellow who cannot lye sufficiently himself [who] gets one of these to do’t for him”. Any history of public relations is a running commentary on the techniques used to deliver third party endorsement as the media has evolved: from Ivy Lee’s simple packaging of information approach, through Bernays’ “engineering consent”, to today’s use of bloggers on the web or the more sophisticated “journo lobbying”, it is a record of how practitioners deliver public relations’ unique selling proposition, the plausible deniability which is third party endorsement.

Details

Journal of Communication Management, vol. 9 no. 1
Type: Research Article
ISSN: 1363-254X

Keywords

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Article
Publication date: 17 August 2020

Brahim Zarouali, Valerie Verdoodt, Michel Walrave, Karolien Poels, Koen Ponnet and Eva Lievens

This study aims to investigate the development of adolescents’ advertising literacy and privacy protection strategies in the context of targeted advertisements on social…

Abstract

Purpose

This study aims to investigate the development of adolescents’ advertising literacy and privacy protection strategies in the context of targeted advertisements on social networking sites (SNSs).

Design/methodology/approach

A survey was conducted among 374 adolescents between 12 and 17 years of age, and 469 young adults (18–25 years) served as a comparative benchmark.

Findings

Results indicate that advertising literacy increases progressively throughout adolescence, and reaches adult-like levels only by the age of 16. In addition, adolescents have an inadequate awareness of commercial data collection practices. This awareness slowly increases as a function of their age until it reaches an adult level around the age of 20. Finally, findings reveal that adolescents take little action to cope with targeted advertisements by means of privacy protection strategies.

Practical implications

This paper devotes much attention to the formulation of specific recommendations for EU policymakers and regulatory bodies. In addition, it also holds implications for advertisers (e.g. the need for more in-depth data protection impact assessments), social media providers (e.g. adolescent-friendly privacy policy) and social caretakers (e.g. achieving advertising literacy and privacy education).

Originality/value

This paper fulfills the need to investigate adolescents’ advertising literacy and privacy-protective behaviors on SNSs, and, in turn, directly translates these insights into recommendations that can underpin the rationale of regulatory or policy decisions on a European level.

Details

Young Consumers, vol. 21 no. 3
Type: Research Article
ISSN: 1747-3616

Keywords

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