The Consumer Protection Act 68 of 2008 (CPA) is a fundamental piece of legislation in South Africa designed to promote fair business practices and protect consumers from misleading, deceptive, and unfair marketing strategies. The Act sets out clear guidelines for advertising and marketing practices, ensuring that consumers receive accurate and honest information when making purchasing decisions. This article explores the key provisions of the CPA related to advertising and marketing, the responsibilities of businesses, and the consequences of non-compliance.

Key Provisions of the CPA Governing Advertising and Marketing

Prohibition of False, Misleading, and Deceptive Advertising

Section 41 of the CPA strictly prohibits businesses from engaging in advertising or marketing practices that are false, misleading, or deceptive. This includes: 

• Exaggerating product benefits or features. 
• Providing false information about pricing, quality, or performance. 
• Falsely implying endorsements, sponsorships, or affiliations. 

Businesses must ensure that all claims made in advertisements are substantiated and not misleading to the average consumer.

Bait Marketing Regulations

Bait marketing, as addressed in Section 30 of the CPA, occurs when businesses advertise products or services at a low price to attract customers but fail to make the advertised goods available in reasonable quantities. The Act requires that businesses must: 

• Ensure sufficient stock is available to meet demand. 
• Clearly disclose any limitations on availability. 
• Avoid misleading consumers into visiting their stores under false pretenses. 

Right to Fair and Honest Dealings

The CPA mandates that businesses conduct fair and honest dealings with consumers. This includes: 

• Transparent pricing with no hidden costs. 
• Clear and comprehensible contract terms. 
• Protection against undue influence, coercion, or unfair tactics in advertising and sales.

Comparative and Competitive Advertising Regulations

Comparative advertising is allowed under the CPA but must not be misleading or disparaging towards competitors. Businesses must: 

• Ensure factual accuracy in comparisons. 
• Avoid creating a false impression about competitors’ products. 
• Present unbiased and objective claims.

Responsibilities of Businesses Under the CPA

To comply with the CPA, businesses must adopt ethical advertising and marketing practices. This includes: 

• Training marketing and sales teams on CPA regulations. 
• Ensuring all advertisements are truthful and verifiable. 
• Keeping records of consumer consent for direct marketing activities. 
• Developing policies that align with fair consumer treatment.

Businesses that fail to comply with these regulations risk legal consequences, reputational damage, and financial penalties.

Conclusion

The Consumer Protection Act serves as a critical safeguard for consumers against misleading advertising and unfair marketing practices. Businesses must ensure that their marketing strategies comply with the CPA by maintaining transparency, honesty, and fairness in all communications with consumers. By adhering to these legal requirements, businesses not only protect themselves from legal consequences but also build trust and long-term relationships with their customers. 

Written by Robyn Shepherd, Attorney, SchoemanLaw Inc