Misleading and comparative advertising are legal concepts significant to conclusively draw boundaries between what is allowed while promoting a product or a service and what is a clear case of violation of the law. Comparative advertising is an alternative that eliminates applicable cases of misleading advertising and Romanian legislation introduces specific regulations which establish fundamental distinctions between the two situations. The first aspect that distinguishes the concept of misleading advertising is the lack of clarity in motivating targeted people. Such information can be of different origins but it is always influencing the economic behavior of consumers or traders causing also significant changes at competitive neutrality levels.
Main Characteristics of Comparative Advertising in Romania
From a different perspective, comparative advertising delivers an implicit or explicit discourse which refers or alludes to competitive products always within legal boundaries, as well maintaining the competitive equilibrium. In this case, any confusion is completely avoided so the consumer is never misguided, the reputation of the brand is respected as such, there is no activity to compromise the commercial designation, it does not imply an imitating phenomenon of another product, the comparison techniques are based on a number of real arguments and always apply to goods or services that serve an identical spectrum. On 3rd of July 2013, in the Official Gazette it was published the Law No.202/2013 amending and supplementing Law No. 158/2008 concerning misleading advertising. This translates into a process of securing traders ‘position determining the avoidance of misleading advertising. This act introduces a series of stipulations indicating the exact circumstances which allow comparative advertising in Romania.