• Title/Summary/Keyword: comparative labelling and advertising

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A Study on the Unfairness of the Comparative Labelling and Advertising Activities in the Judicial Precedents (부당한 비교표시.광고의 심결사례에 나타난 법리적 특성에 관한 연구)

  • Cho, Jae-Yung
    • Korean journal of communication and information
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    • v.39
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    • pp.428-472
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    • 2007
  • The purpose of this study is to find that how the principles of Fair Labelling and Advertising Act(called 'FLAA' hereinafter) apply to the unfair comparative labelling and advertising activities, as compared with deceptive and misleading, by analyzing the related judicial precedents for 7 years since FLAA enacted, The exact 17 precedents of Fair Trade Commission were analyzed to be judged the unfair comparative labelling and advertising activities, and partly also deceptive, falsified and exaggerated, which include in overlapping 5 comparative counterparts, 11 comparative standards, 7 comparative contents and 4 comparative methods in the unfairness types of comparison. Conclusively, it is needed that the unfairness of comparative labelling and advertising activities should be multiply considered in the concepts of deception, false or exaggeration and slanderousness, to more clearly apply to the facts and to more sufficiently protect consumers from the misleading environments.

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