1.The factors to be considered in determining whether a representation or symbol is false or misleading are as follows:
(1) The determination of whether a representation or symbol is false or misleading shall be based on the basis of the general public exercising an ordinary degree of care.
(2) Where the content of a representation or symbol is manifested by comparison or especially distinctive means, and where the major part that is especially distinctive could easily form the primary factor contributing to a consumer's transaction decision, the especially distinctive major part may be observed independently in making the determination.
(3) Where a representation or symbol, observed in isolation, is factual, but the overall impression and effect it delivers, when observed in combination, is sufficient to cause concern about misunderstanding or erroneous decisions by counterparts involved in a relevant transaction, it shall be deemed misleading.
(4) The representation or symbol with respect to the content of critical transaction information is disproportionally arranged in its layout, position, and font size, as to cause concern on the misunderstanding or erroneous decisions by counterparts in a relevant transaction.
(5) The representation or symbol with respect to the conditions of burden or limitation does not fully disclose such conditions as to cause concern on the misunderstanding or erroneous decisions by counterparts in a relevant transaction.
(6) A representation or symbol objectively having multiple reasonable interpretations shall not be deemed false as long as one of the meanings is true. However, this shall not apply when the intent to mislead is plainly obvious.
(7) The degree of discrepancy between the representation or symbol and the actual conditions.
(8) Whether the content of the representation or symbol is sufficient to affect the trading counterparts possessing ordinary knowledge and experience to make reasonable judgment and trading decisions.
(9) Effect on the economic interests of competing enterprises and trading counterparts.

 

2. Whether an advertisement is false or misleading shall be judged on the basis of the objective circumstances at the time when the advertisement was used by the advertiser. Where an advertiser of an advertisement knew or was capable of knowing at the time it used an advertisement that it would subsequently not be able to deliver the content consistent with the advertisement, the advertisement is false or misleading. The term "objective circumstances" used in in the first paragraph of this Point refers to the advertiser's ability to subsequently deliver, the governing laws and regulations, the supply of a product or service, and so forth.