- What is advertising? What are the signs of unfair, inaccurate, and covert advertising?
- What is the activity of the State Service for Antimonopoly and Consumer Market Control in the field of advertising legislation control?
- What other agencies monitor advertising activities?
- Who can apply to the State Service for Antimonopoly and Consumer Market Control regarding violations of advertising legislation?
- What documents should be submitted when applying to the State Service for Antimonopoly and Consumer Market Control?
1. What is advertising? What are the signs of unfair, inaccurate, and covert advertising?
Advertising is information broadcasted to attract the attention of consumers to a product or service using various methods. Its purpose is to create and maintain interest, promote goods in the market, and stimulate sales.
Advertising is considered unfair in the following cases:
- When a comparison is made between the qualitative and/or quantitative indicators of goods from other manufacturers or sellers that perform similar functions, by naming or showing competitors and their products;
- When the honor, dignity, or business reputation of a competitor is harmed;
- In the case of knowingly false advertising about the goods;
- When there is an attempt to mock people who do not use the advertised goods or who use competitors’ products to form a negative opinion of them;
- When there is illegal use of copyright or plagiarism of advertising materials for other products;
- When the advertised goods are confusingly similar to those of other producers or sellers;
- When information about the negative impact of the product on health or the environment is deliberately hidden;
- When advertising is broadcast through prohibited means or outside the locations or times specified by the relevant executive authority or by this Law;
- When a product or trademark is advertised in a specific prohibited manner, at a certain time or place, or when a similar trademark is used that could cause confusion.
Unfair advertising is prohibited.
Advertising is considered inaccurate if it misrepresents information about:
- The producer, seller, or origin of the goods;
- The availability of the goods in the market, and its quantity, time, and place of availability;
- The purpose, composition, or consumer properties of the product, including packaging, production date, and expiration;
- The price of the product, discounts, or conditions of purchase and payment within advertising;
- Delivery conditions, guarantees, after-sales services, product replacement, or return;
- The availability of a license for production or sale, certificate of conformity, or awards received;
- The right to use official symbols of states and international organizations, trademarks of business, or intellectual property of individuals;
- The results of testing and examination of the goods;
- The possibility of obtaining further information about the product;
- The advertiser, creator, producer, agent, or distributor of the advertisement;
- The terms and conditions of lotteries, contests, games, sports betting, or other events, including the prizes, gifts and how to claim them, as well as a source of information about such events.
Inaccurate advertising is prohibited.
Covert advertising is when information is presented without being labeled as an advertisement, without stating "advertisement" or "on the basis of advertising rights," with the intent to influence consumer awareness and draw attention to the product or service.
Covert advertising is prohibited.
2. What is the activity of the State Service for Antimonopoly and Consumer Market Control in the field of advertising legislation control?
- The State Service is responsible for the following activities related to advertising legislation control:
- Protecting the legitimate interests of advertising subjects;
- Ensuring compliance with the requirements of unfair competition and advertising legislation;
- Suspending the broadcasting of advertisements that do not meet advertising legislation requirements;
- Participating in the preparation and implementation of state programs and development concepts in the field of advertising (except outdoor advertising);
- Exercising state control over advertising activities, except outdoor advertising;
- Taking measures to prosecute individuals who violate advertising laws (except outdoor advertising), in accordance with legislation;
- Considering administrative offenses related to advertising violations and applying administrative sanctions;
- Reviewing applications and complaints related to advertising issues within its authority.
3. Who can apply to the State Service for Antimonopoly and Consumer Market Control regarding violations of advertising legislation?
Advertising subjects (advertisers, creators, producers, agents, distributors, and consumers), as well as any legal entities and individuals, can apply regarding violations of advertising legislation.
4. What documents should be submitted when applying to the State Service?
To report a violation of advertising legislation, a written application must be submitted to the State Service. The application should include detailed information about the relevant advertisement (broadcast location, date, nature of the advertisement, alleged violation, etc.) along with evidence of the violation.
You can contact the State Service for Antimonopoly and Consumer Market Control in one of the following ways:
- Electronically via the "Application, complaint, proposal" subsection of the "Application" section on the official website: www.competition.gov.az (https://competition.gov.az/az/page/muraciet/erize-sikayet-teklif);
- Email: Send the necessary documents to the email address: office@competition.gov.az;
- In person: Visit the State Service at the following address: Baku, Sabail District,
Uzeyir Hajibeyov Street 84, Government House, Gate 7.
It is recommended that you contact the 195-1 Call Center regarding the questions that have arisen.