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

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

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.

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

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.

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.

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.

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.

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.

The purpose of this paper is to offer some reflection on the importance of reliable green claims to encourage sustainable production. The role of market is fundamental. Businesses and consumers are both involved in achieving environmental protection objectives. There is the real risk of the phenomenon of so-called green washing or misleading marketing. The problem arises of verifying the reliability of green claims to prevent competitive elements from become distorting factors of competition.

Based on the analysis of a European programme, the author shows how in Italy there is a dangerous lack of consumer protection. For this reason the European and national authorities have provided that green claims must be true, reliable, verifiable and comparable, but it is necessary that consumers be protected, through a certification system that makes it possible to certify the veracity of green claims. The problem is that a number of certification systems have been adopted in Europe which undermine the competitiveness of the market for green products.

This work aims to identify the tools necessary to make green indications more reliable, but above all to create a common methodology on which to base them. In this direction, companies wishing to advertise the ecological characteristics of their products should be required to provide the supporting demonstrations on the basis of a standard methodology assessing their actual environmental impact.

This work will examine the problem of green washing and the importance of reliable green claims for environmental protection. To the best of the author’s knowledge, this paper is the original work of the author and has not been submitted elsewhere for publication.

The purpose of this paper is to offer some reflection on the abuse of consumer trust and the importance of control of information in the digital market and the green market. The role of the consumer as the arbiter of the market is fundamental. The abuse of consumer confidence depends, in fact, on the spread of stereotyped messages and vague and generic formulas aimed at hiding a dangerous vacuum of protection. In both markets, it is a question of giving the consumer the necessary tools to monitor the transparency of the criteria used by the trader to classify a product according to its characteristics.

Based on the analysis of an Italian case law and the European programme, the author shows how in Italy there is a dangerous lack of consumer protection. The problem is that the green consumer, as well as the online consumer, is not able to immediately verify the accuracy of the product requirements and must be able to count on the seriousness of the professional. For this reason, the European and national authorities have provided specific rules for both markets. The new proposal of directive introduces specific rules to target unfair commercial practices that mislead consumers away from sustainable consumption choices and introduced many innovations, such as the ban on greenwashing.

This work aims to identify the tools necessary to make the information on the products offered in the digital market and those related to green products more reliable but above all to create a common methodology on which to base them. High is the risk that sustainability will become a simple marketing strategy for companies. The difficulty consists in the absence of certain and verifiable parameters by the consumer to really measure the characteristics and the quality of a product characteristic of a product compared to competing ones.

This work examines the problem of consumer protection in the digital and green market from a new perspective, comparing the information asymmetries with respect to the professionals in the two markets. Starting from the cases of greenwashing and analysing new European remedies, the author suggests for both markets, specific answers different from those required for advertising in general. The problem here is not only the truth of the message but also the vagueness and genericity. The consumer must be in a position to control the criteria used by the professional to classify products, both in the green and the digital market. To the best of the author’s knowledge, this paper is the original work of the author and has not been submitted elsewhere for publication.

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.

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.

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.

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

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.