Violations of the Advertising Law
Legal protection in case of violation of the legislation on advertising goods, works and services
When advertising goods, works and services of a lawyer, it is necessary to take into account both the provisions of the Federal Law of March 13, 2006 No. 38-FZ “On Advertising” and other federal laws, as well as industry requirements regarding the advertising of specific types of goods, works or services.
Violation by individuals or legal entities of the legislation of the Russian Federation on advertising entails liability in accordance with civil law.
Thus, persons whose rights and interests are violated as a result of the dissemination of inappropriate advertising are entitled to apply in accordance with the established procedure to a court or arbitration court, including claims for damages, including lost profits, for compensation for harm caused to the health of individuals and (or) property of individuals or legal entities, on compensation for non-pecuniary damage, on the public refutation of unreliable advertising (counter-advertising).
If the antimonopoly body establishes the fact of dissemination of unreliable advertising and issues an appropriate order, the antimonopoly body shall have the right to apply in accordance with the established procedure to a court or arbitration court with a claim against the advertiser for a public refutation of false advertising (counter-advertising) at the expense of the advertiser. In this case, the court or the arbitration court determines the form, place and terms for posting such a refutation.
Violation by advertisers, advertising producers, advertising distributors of the legislation of the Russian Federation on advertising entails liability in accordance with the legislation of the Russian Federation on administrative offenses.
At the same time, it must be remembered that the payment of a fine does not exempt from the execution of the order to stop violating the legislation of the Russian Federation on advertising.
Legal protection in case of violation of advertising requirements requires legal expertise both in the field of advertising legislation and industry legislation.
The competence of advertising lawyers is closely intertwined with BRACE Law Firm's core competency - antitrust law, as violations in the field of advertising are assessed for unfair competition.
- Advising on the risks and legal consequences of violating advertising laws
- Protection against unfair and inaccurate advertising
- Legal protection against various forms of unfair competition
- Legal protection in case of liability for violation of advertising requirements
- Representation in cases of administrative offenses in case of violation of advertising requirements
- Representation in court when challenging decisions and orders of antimonopoly authorities on advertising issues