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Research & Academia

Review on the Policy and Practice of FTC
-The Regulation of False Advertising




False Advertising is not only one of the important unfair competition act regulated by Fair Trade Law, but also the cases thereof are much more the other since FTL came to effect. Therefore the question about whether it is possible and how to effectively regulate false advertising is getting more and more concerned.

This paper is going to introduce some most important type of false advertising and to explain the interest of consumer and competitor infringed thereby at first, and then how false advertising regulated for the time being is to be observed from the following aspect’s: 1.The policy of FTC about false advertising,2. The important provisions governing false advertising, for example Fair Trade Law, Consumer Protection Law, Goods Label Law, Broad-casting Law, Drug Law, 3. the concurrence among FTL and other Laws relating to false advertising. Because the concurrence of administrative laws incurs not only dual punishment, but also the Overlapping of jurisdiction of different administrative agencies, it is very important to harmonize the authorities of different administration to regulate false advertising economically and effectively. At last with the help of the comparative study on German and European community law or regulation concerning false advertising this paper would try to recommend FTC some way to regulate or to deal with false advertising from the point of view of the object to be regulated, suitable measurement and procedure therefor.

Updated at:2008-12-19 08:05:19