Misleading marketing and advertising in fashion: how can it affect your brand?

In the world of fashion, where image, branding and communication go hand in hand, advertising cannot be treated as just a marketing strategy; it is also a serious legal issue. Brazilian legislation, especially the Consumer Protection Code (CDC), is quite clear when it comes to misleading and abusive advertising, providing for sanctions for those who mislead consumers, even if unintentionally.

An advertisement can be considered misleading when it omits relevant information about the product, presents qualities that it does not have or creates unrealistic expectations regarding what will be delivered. And this applies to any channel: social media, shop windows, e-commerce sites and even captions for sponsored posts.

In practice, promising fast delivery and not delivering, promoting sustainable materials that are not traceable or stating that a product is “exclusive” when it is being widely sold are common examples of advertising that can be classified as misleading.

Another important point is that liability can be joint and several. In other words: both the brand and the influencer who participated in the promotion, and even the marketplace, can be held jointly liable. The Court of Justice of São Paulo, for example, has already ruled that a brand and an influencer were convicted for unfulfilled promises in a promotional campaign.

In this scenario, it is essential that fashion brands have legal advice from the beginning of their advertising campaigns. A technical view of the writing of campaigns, contracts with influencers and communication on digital platforms significantly reduces the risk of lawsuits, administrative sanctions and, above all, damage to reputation.

Fashion, by its very essence, communicates. And everything that communicates is also legally liable. Therefore, count on advice that understands the language of fashion and the force of the law.