Ethics and Deceptive Advertising

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Deceptive advertising is false advertising, and it is illegal according to the Federal Trade Commission. It is also unethical. Other kinds of unethical advertising are neither deceptive nor illegal; however, they offend moral principles of human conduct in terms of bad intent and effects. Deceptive advertising is adjudicated in the courts. Ultimately, ethical advertising is regulated by societal norms of acceptable advertising communications and the moral imperatives of advertisers.

 

Deceptive Advertising

Deceptive or false advertising is prohibited under Section 43(a) of the Lanham Act, which is enforced by the Federal Trade Commission. Rooted in the principle that customers have a legal right to know precisely what they are buying, the Lanham Act establishes clear rules for false or deceptive advertising. Most states also regulate advertising through state consumer fraud and deceptive practice laws. Thus, there is no shortage of information on false or deceptive advertising as forbidden by federal and state statutes. Moreover, there is no excuse for small-business owners not to keep their advertising lawful.

Unethical but Lawful Advertising

Unethical but lawful advertising is beyond the reach of law enforcement. It is more a matter of self-regulation. Ethical advertising is informed by an intuitive knowledge of right and wrong, commonly accepted as being innate to human nature. Consequently, self-regulation must be guided by an inherent respect for the dignity of other people. Where self-regulation fails, the community is empowered to enforce its norms for ethical advertising through patronage denial. One disgruntled consumer with access to the internet and social media can cause unwanted financial penalties to an advertiser that violates the community's ethical standards.

Truth and Personal Ethics

Truthfulness and the "highest personal ethics" are dominant themes for ethical advertising, according to the "Principles and Practices for Advertising Ethics" of the American Advertising Federation, Institute for Advertising Ethics. A normative term, such as "highest personal ethics" and the corresponding notions of "right" and "wrong," might seem unhelpful in a contemporary culture of moral relativism. However, Paul Boghossian, Philosophy Professor at New York University, says that concepts of right and wrong transcend moral relativism, because there are no moral equivalencies to right and wrong. This is why they have not been dumped into history's trash bin of failed concepts, according to Boghossian.

Vice –Virtue Continuum's

Advertising has the mandate to persuade. Ethics describe the rules that govern peoples' behavior toward other people. Your challenge as a small-business advertiser is to reconcile the mandate to persuade within the rules of ethics. Dean Loftis, of Kansas City advertising agency McCormick & Company, suggests approaching the challenge by employing the seven deadly vices and their opposing virtues: Lust - Chastity, Gluttony - Temperance, Greed - Charity, Sloth - Diligence, Anger - Patience, Envy - Kindness and Pride - Humility. The vice - virtue continuum have imperceptible points that demarcate ethical and unethical advertising. You can always stay in safe territory by celebrating the virtues of human nature and by trusting your personal ethics for guidance.