10 Main Mistakes When Preparing Adverts

When crafting advertisements, businesses often face the challenge of creating compelling messages while strictly adhering to legal requirements. Russia's advertising law is comprehensive, designed to protect consumers from misleading information and unfair practices. Understanding common mistakes can save businesses from legal troubles, fines, and reputational damage. This guide outlines 10 main pitfalls to avoid when preparing your adverts, ensuring compliance and effectiveness.

1. False or Misleading Information

It is strictly prohibited to include information in an advertisement that does not correspond to reality. This covers a wide range of details, including characteristics of goods, assortment, configuration, as well as conditions of delivery, exchange, and service. Such inaccuracies are a direct violation of Part 3 of Article 5 of the Law on Advertising.

2. Unsubstantiated Comparisons and Claims

You cannot compare your product favorably with a competitor's product without concrete proof. Furthermore, the law explicitly forbids defaming a competitor's honor, dignity, or business reputation. Making unsubstantiated claims such as being "the best," "the only," or "the first" is also a violation, as stipulated in Parts 2 and 3 of Article 5 of the Advertising Law.

3. Important Terms in Unreadable Type

Presenting important additional terms and conditions in small, unreadable type is tantamount to withholding information about the advertised product, its purchase, or use. If this practice misleads consumers or distorts the meaning of the advertising information, the FAS of Russia will treat it as a violation of the law, specifically Part 7 of Article 5 of the Advertising Law.

4. Misleading Use of Foreign Words

The use of foreign words and expressions in advertising is prohibited if it distorts the meaning of the advertisement. This rule is outlined in Paragraph 1, Part 5 of Article 5 of the Advertising Law, emphasizing clarity and transparency for the audience.

5. Advertising Unlicensed Medical Services

Medical services, or any goods and services requiring a license or other permits for their production or sale, cannot be advertised without the compulsory license. Examples include certain services within the sphere of medicine, beauty, and cosmetology, which are subject to licensing. This is a critical point under Part 7 of Article 7 of the Advertising Law.

6. Advertising Prohibited Educational Literature

School diaries, notebooks, and textbooks, along with other educational literature intended for children under basic compulsory programs (primary, basic, and secondary general education), are explicitly prohibited from being advertised. This is covered by Part 10 of Article 5 of the Advertising Act.

7. Incomplete Credit Information

When advertising goods available on credit, it is imperative to include the full name of the bank or organization providing the financial services. Advertisements for financial services, including loans, must also detail the essential conditions for obtaining the service. Failure to do so violates Part 1 of Article 28 of the Advertising Law.

8. Promotions Without Specified Terms

Information about a promotion must always specify its terms and dates. Advertisers are legally obligated to provide reliable information regarding the promotion period, conditions for purchasing goods (including cost), payment procedures, discounts, and tariffs. This requirement is outlined in Article 5 of the Law on Advertising.

9. Vehicle-Based Advertising Restrictions

It is prohibited to distribute sound advertising by means of vehicles. Furthermore, using vehicles exclusively or predominantly as mobile advertising structures is also forbidden. These restrictions are detailed in Article 20 of the Advertising Law.

10. Fixed Sound Devices for Advertising

Sound devices, such as speakers fixed on walls, roofs, or other elements of buildings and structures, may not be used for advertising purposes. This regulation is found in Part 3.2 of Article 19 of the Law on Advertising.