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ARTICLE · 06 SEPTEMBER 2019

Taiwan Court's Recent Decision On Misleading Advertising

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For example, an unconditional offer is one of the usual suspects of misleading advertising.

TaiwanMedia, Telecoms, IT, Entertainment

"False or misleading representations" made or used on goods or in advertisements are proscribed by Article 21 of Taiwan's Fair Trade Act if such representations are "rendered on matters pertinent to the goods and able to affect trading decisions."

According to a set of explanatory guidelines provided by the Fair Trade Commission ("FTC"), typical examples of false or misleading expressions include those that contain "No. 1," "champion," "the maximum," "the biggest," or other term of superlative degree to describe the advertised matter in the absence of probative data, and expressions that assert a specific effect (usually a medical effect) in the absence of a scientific or experimental support. Given people's unlimited imagination on words, how Article 21 should be applied in specific cases has always been a matter of great concern to the industries.

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