Misleading advertising is any advertising that leads the audience to a false conclusion, whether through what it says, what it leaves out or how it presents it. You do not need to lie outright: it is enough that the message points somewhere untrue.
In Peru, Indecopi penalises these practices, and most countries have an equivalent body. Beyond the fine, though, the real cost is trust: rebuilding it is far more expensive than getting the ad right the first time.
1. The price that is not the price
Announcing a headline figure and hiding in small print that it excludes tax, shipping or installation. If the customer cannot pay the advertised figure, that figure is not the price.
2. The offer that never ends
“Today only”, repeated for months. Manufactured urgency works once; after that it trains your audience to disbelieve everything you say.
3. Results without context
Showing the best case as if it were typical. If one client grew 300% and the rest grew 5%, the honest figure is the range, not the headline.
4. Images that do not match
Stock photos showing facilities, equipment or staff that are not yours. It is the most frequent mistake and the easiest to avoid: shoot your own.
5. Unsupported comparisons
“The best on the market” with no measurement behind it. A superlative without a source is an opinion dressed as data.
6. Unidentified testimonials
Quotes from people who do not exist, or from real clients who never authorised their use. A testimonial is worth something because it can be verified: name, company and consent.
7. Small print that contradicts
If the legal disclaimer contradicts the headline, the ad was already misleading before the disclaimer appeared.
A five-minute review before publishing
- Can every claim be backed by a document?
- Do the images correspond to what you actually sell?
- Is the displayed price what the customer will pay?
- Are the testimonials authorised in writing?
- Would someone outside the project understand the same thing you do?
That last question is the most useful one. Most misleading advertising is not born of bad faith, but of the fact that whoever wrote it knows the context and assumes something is obvious when it is not.
Want your brand to look this good on video?
We produce corporate video, animation and photography for companies across Peru.