Misleading advertising refers to advertising used by some companies through any means of communication in which information is announced without any basis and lacking truthfulness, with the aim of leading consumers and potential customers to believe that their brand, product, or other derivatives thereof have superior characteristics over the competition.
Given this situation, which is more common than it seems, in 2011 Law 1480 or the Consumer Statute was created, with the aim of providing protection to consumers, to prevent all types of situations that may harm the consumer and to sanction companies that engage in this practice according to the number of affected consumers, as well as to compensate for damages caused.
In a specific case, we can mention the fine imposed on "Procter & Gamble" on April 4, 2018, after an investigation by the Superintendence of Industry and Commerce determined that through advertising campaigns for its product "Head & Shoulders," they attributed benefits and characteristics such as "100% dandruff-free for life" and "deep nutrition," giving consumers a message that is not supported by the scientific or technical studies previously submitted.
Looking more closely at the advertisement, specifically the part where it mentions that its product provides benefits "...for life." This being imprecise, it is misleading, as it assures the user that its effects will last a lifetime, and later in a note, barely legible and of a very small size, they clarify that the product's effects depend on regular and permanent use of the product. Therefore, the Superintendence of Industry and Commerce resolved through Resolution No. 19991 of 2018 to impose a fine of 550 SMLMV.
Furthermore, the Superintendence of Industry and Commerce states that this decision was made for the protection of Colombian consumers who may be affected when making a decision to purchase one product over another, when advertisers do not provide clear, precise, and sufficient information about the properties and components of the products. In conclusion, it is necessary to prove with rigorous studies the qualities or attributes of a product before advertising it; otherwise, it would constitute misleading advertising.