Some companies promote goods or services with an offer that does not correspond to reality in order to capture clients from other competitors. Misleading advertising is a serious fraud which generates large sums of money for the infringer.

What is misleading advertising?
According to the Law of Advertising, publicity that is considered misleading is that which induces consumers to wrongfully purchase something to the detriment of a competitor or third party.

Sometimes the fraud is evident, although it may also be disguised via limitations
or the omission of basic facts from the consumer. This information basically refers to the origin of the product, its quality, quantity, category, manner and date of manufacture,
the results produced, the contamination or danger, the conditions of purchase, the identity
or repute or professional specialisation of the advertiser. All this may derive from the advertising and promotions or labels attached to the products in question.

A punishable crime
Misleading advertising is considered fraud and punishable under Spanish law. It is penalised with a fine and the immediate withdrawal of the campaign (on rare occasions the court may order that the affected consumers be refunded).

A very unusual court
In order to fill the vacuum, the advertising sector has itself encouraged the setting up of a Self-Regulating Body. This is an organisation that acts as a filter for misleading advertising, efficiently minimising the damage caused. It works as follows: the affected marks take the case to this court, which has the power to suggest that the campaign be dropped. This decision must be accepted by the affected parties, agencies, media, advertisers...

One of the main advantages of this body is that it avoids having to go through the civil courts, ensuring the process is not needlessly lengthened and preventing the company
in question from continuing to misleadingly advertise a product or service until a decision
is issued.