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The aim of work is to analyze different misleading advertising cases in order to measure
their effect on consumer behavior in Lithuania in comparison with France.
To achieve the goal, the following objectives are set:
1. Examine the theory of misleading advertising and its links to customer behavior.
2. Discuss the concepts of legal regulation of misleading advertising
3. Perform the opinion research and case study analysis of misleading advertising in
Lithuania in comparison with France.
Methods of analysis: Lithuanian and foreign scientific literature analysis; structuring
information, a summary of the comparison; questionnaire survey method; depiction
research.
Theoretical links between misleading advertising and the consumer behavior
Misleading advertising is such an advertising, which in any ways, including its presentation
method materially distorts or could materially distort the persons to whom it is addressed
or whom it reaches and which, by its deceptive nature, is likely to affect their economic
behavior or which, for those reasons, affects or is likely to harm another person’s ability to
compete.
It is necessary to take into account three criteria: fairness, thoroughness and presentation
criteria. It is not necessary to establish all three requirements at once, but found that
advertising contravene at least one criterion, it will be recognized as misleading. (Liepinyte
& Daugeliene, 2012).
According Meisterernst (2013) misleading advertising - is advertising, which contains false
or incorrect information in order to that a consumer associate particular qualitative
characteristics linked with specific products, e.g. because they are made of a specific raw
material. Misleading advertising - unfair methods of competition in or affecting commerce,
and unfair or deceptive acts or practices in or affecting commerce. The common concern is
the producer’s misleading representation, not the actual purchase of the goods due to the
misrepresentation of the brand (Arai, 2013).
Klaus and Gherardini (2014) describes the misleading advertising as case that an economic
operator “fails to identify the commercial intent of the commercial practice if not already
apparent from the context, and where, in either case, this causes or is likely to cause the
average consumer to take a transactional decision that they would not have taken
otherwise”, by the way misleading advertising describe as hidden advertising considered as
a “commercial communication” and in practice intent to advertise a product is, instead,
clear. Misleading advertising - advertising which in any way, including its presentation,
mislead or could deceive the persons to whom addressed or whom it reaches and which, by
reason of its deceptive nature, is likely to affect their economic behavior or which, for those
reasons, injures or is likely to harm another person's ability to compete (The Republic of
Lithuania Competition Council, 2013).
By summarizing various definitions of misleading advertising – it’s advertising which
contains false or misleading information, undisclosed material information that is required
for consumers to make an informed decision. The essential indication of advertising is
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