Publicidade Enganosa e Consumidor Médio: Estudo Sobre o Exagero Publicitário
1 ISCET – High Institute of Business and Tourism Sciences, Porto, Portugal
To cite this text:
Amorim, A. C. A. (2016), Publicidade Enganosa e Consumidor Médio: Estudo Sobre o Exagero Publicitário, Percursos & Ideias, Vol. 7, pp. 5-13.
The truthfulness principle has as its main corollary the prohibition of misleading advertising. In this context, it matters mainly the likelihood to deceive, regardless the mismatch between the message content and the reality of the supply, according to the averageness benchmark developed by the ECJ. Since it is not meant to be literally interpreted, puffery does not materially distort the economic behaviour of consumers and shall be considered lawful in line with the social adequacy principle. However, the gradual enlargement of puffery’s scope of application may lead to consumers deprotection.
Truthfulness, Misleading advertising, Average consumer, Social adequacy, Puffery.