Clipping of news on Brazilian Culture, Law and Citizenship
 


Consumer News

Images merely illustrative: Illusion or illegality?

04/30/2015

This article was translated by an automatic translation system, and was therefore not reviewed by people.



transparent image


What the eyes do not see out of mind? In the case of consumers who feel cheated by the photo of the product it seems that something is not right so
 
How often have you felt cheated when buying a food product and realize that what was delivered seemed quite different from the attractive photos to advertise?
 
This is not exactly unconstitutional, as long as the images come with the warning that they are purely illustrative, ie not exactly match credibly to the actual product appearance.
 
In response, the McDonald's of Canada made a video with explanations of why the product is different in the photo and packaging, with the director of brand marketing in the country.
 
A 2012 bill, proposed by Deputy Francisco Araujo (PSD-RR), tried to prohibit commercial advertising that used merely illustrative images that do not express exactly the product or service offered, stating that the practice is equated with misleading advertising.
 
According Idec, the biggest concern is that the practice often takes the consumer into error. That's because the images contained in advertising, on product packaging, in magazines or menus, in most cases, do not usually correspond to reality. In addition, the message "merely illustrative" usually appears discreetly in the footer of the photos and in fine print, which is not consistent with the necessary transparency that information should go to the consumer.
 
For the body, images, although illustrative, do not stop being a provider of marketing, in such a way that end up working as an advertising. Thus, according to the Consumer Protection Code in its article 30, "all information or advertising, sufficiently precise, conveyed by any means of communication regarding products and services offered or presented, requires the supplier to make car or it is used. "
 
Thus, the offer or advertisement linking the supplier to ensure what was advertised, on pain of supply failure along the lines of Article 35 of the CRC, allowing the consumer to choose one of the following: (i) enforce forced the obligation under the offer, presentation or advertising; (Ii) accept another product or provide equivalent service or (iii) terminate the contract with the right amount of refund eventually paid, restated, and damages.
 
Similarly, from the moment that the supplier passes information to its consumers not sufficiently clear about their products and that do not correspond with reality, leading the consumer to error, he is practicing false advertising, which is also prohibited by the CDC in its Article 37.

Although this is common and hopefully we've run into this issue, here is a gallery of cases in which the real image and the illustrative not correspond - at all.
 
Wedding dresses appalling
 
The Knock Off Nightmares - something like "nightmare of pirate products" in Portuguese - is one of the sites that denounces the difference between the photo and the reality of the product, especially wedding dresses. There is also the 'International Ownership', focused on combat piracy of designer dresses. The 'Brides Beware' ('brides should be attentive' in Portuguese), in turn, is focused on defective wedding dresses. Here are a few.
 
The response
 
In 2012, the network's marketing director in Canada, Hope Bagozzi, explained the difference between image and reality, bought a block with cheese and took to be photographed and compared with the same sandwich of promotional photos for the professionals in charge of doing so.
 
Hope pointed out that the ingredients used by food stylist are the same of the restaurants, with the difference that production at the picture takes hours to make, while the snacks of everyday life are made quickly, in addition to color accents, light and layout sandwich ingredients in order to show them all.
 
But what size? The size is the same, but restrained by the box that is made especially to maintain the heated snack, but just "kneading" the product.
See the executive's explanation video.


Source: Idec

To access Idec site, click here.

Our news are taken in full of our partner sites. For this reason, we can not change their content even in cases of typographical errors. transparent image

This article was translated by an automatic translation system, and was therefore not reviewed by people.

Important:
The JurisWay site does not interfere in the work provided by doctrine, why only reflect the opinions, ideas and concepts of their authors.


  Subjects list
 
  Copyright (c) 2006-2009. JurisWay - All rights reserved.