告别“大字吸睛小字免责” 广告宣传要有底线

Core Viewpoint - The National Market Supervision Administration is seeking public opinion on the "Guidelines for Law Enforcement on Advertising Citation Content (Draft for Comments)," which aims to regulate misleading advertising practices that use large fonts for attention-grabbing claims while hiding important disclaimers in small print [1][2]. Group 1: Advertising Practices - Recent exposure of misleading advertising practices, such as using large fonts for claims like "King of Backlight" while including disclaimers in small print, has raised consumer dissatisfaction [1]. - The phenomenon of "large font attention, small font disclaimers" has evolved from individual marketing tactics to a widespread negative trend in the market [1][2]. Group 2: Regulatory Response - The regulation of these misleading advertising practices is timely, as effective advertising is crucial for companies to enhance product visibility and gain consumer recognition [2]. - Companies should respect consumer intelligence and aesthetics, avoiding deceptive advertising tactics that undermine trust [2][3]. Group 3: Legal Implications - The "small print trap" potentially violates multiple legal provisions, including the Advertising Law and the Anti-Unfair Competition Law, which require significant conditions to be clearly communicated to consumers [3]. - Courts typically assess whether businesses have fulfilled their obligation to inform consumers based on whether disclaimers are noticeable to the average consumer, indicating that tiny disclaimers do not protect businesses from liability [3]. Group 4: Recommendations for Companies - Companies are encouraged to focus on technological innovation and product development rather than resorting to deceptive advertising practices [3]. - Regulatory bodies should enhance enforcement and penalties to increase the cost of non-compliance for businesses, promoting ethical advertising practices [3].