Advertising Deceptive

Misleading Advertising

You may have purchased a product that didn't match the advertisement. This is an abusive practice, prohibited by the Consumer Protection Code.

The supplier/seller has the obligation to provide clear and precise information about its products and services, demonstrating technical specifications, quality, quantity, composition, characteristics, price, warranty, expiration date and origin, methods of use, taxes levied on the price, associated risks, among others.

Any form of advertising information or communication that misleads the consumer, even by omission. regarding any data about the product or service is considered misleading.

Art. 37. All misleading or abusive advertising is prohibited.

§ 1° Any form of information or communication of an advertising nature, whether entirely or partially false, or in any other way, even by omission, capable of misleading the consumer with regard to the nature, characteristics, quality, quantity, properties, origin, price and any other data about products and services is misleading.

§ 2° Discriminatory advertising of any nature, that which incites violence, exploits fear or superstition, takes advantage of children's lack of judgment and experience, disrespects environmental values, or is capable of inducing consumers to behave in a way that is harmful or dangerous to their health or safety, is abusive, among others.

§ 3° For the purposes of this code, advertising is misleading by omission when it fails to inform about essential information about the product or service.

Furthermore, making misleading or false statements, or even omitting relevant information about the product or service, such as features, quality, quantity, safety, performance, price, durability, among others, constitutes a criminal offense.

If you encounter such a situation, contact your local Procon and file a complaint. Consumers can also file a lawsuit seeking compensation and moral damages.

Victor Habib Lantyer
lantyer.com.br

Lawyer, professor, author, and researcher specializing in Digital Law, AI, Intellectual Property, and the LGPD. He is the author of the book "LGPD and Its Impact on Labor Law" and "Digital Law and Innovation" and has over seven legal works. He is a member of the Permanent Technology and Innovation Committee of the Brazilian Bar Association (OAB/BA), coordinator of the Artificial Intelligence coordination team, and a member of the LGPD and Metaverse coordination teams. He is a member of the National Association of Digital Law Attorneys. He is the creator and creator of the Lantyer Educacional website (www.lantyer.com.br), which simplifies legal matters in a simple, easy, and democratic way.

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