ITPEC IP October 2024 Question 76

Among company’s actions A through C below, which of the following lists all and only the acts that may be problematic in terms of compliance?

A:In order to increase awareness of the name of a new product among consumers, a campaign is implemented where anyone can apply for a prize by answering a simple quiz that just asks a part of the product name is published widely in media such as newspapers, the relevant company’s website, and magazines, and one of the applicants is chosen at random to receive a prize of 100,000 yen.B:When a company received an order for an advertisement from an advertiser, the company posted an article on its popular website as a general article that favorably reviews a certain product without indicating that the article is an advertisement.C:A bag with a design inspired by France was manufactured domestically and was put on sale with a tag featuring a photograph of Paris and the French flag, but without noting the country of production.

Explanation

B and C — both mislead consumers: B hides that an article is an advertisement, and C suggests a French origin for a domestic product.

  • •A — an open prize campaign: anyone can apply without buying anything, the quiz is announced widely, and the winner is drawn at random. With no purchase condition this is not a premium tied to a transaction, and the prize amount itself is not the issue. Not problematic
  • •B — an advertiser-ordered article posted as an ordinary favorable review without disclosing that it is an advertisement is stealth marketing, a misleading representation. Problematic
  • •C — Paris photographs and the French flag on a domestically made bag, with no country of production shown, can lead consumers to believe it was made in France: a misleading indication of origin. Problematic

Answer (d)

Why not others:

  • •(a) A, B — includes the lawful open campaign and misses the misleading origin labelling in C
  • •(b) A, B, C — includes A, which imposes no purchase condition and misleads no one
  • •(c) A, C — includes A and misses the undisclosed advertisement in B

Key rule: Compliance in sales promotion is about not misleading consumers: disclose that advertising is advertising and do not imply a false origin, while an open prize campaign with no purchase condition is not a problem in itself.

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