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?
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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