Legal Aspects of Manipulating Advertising Materials in eCommerce: Causes of Disputes, Case Law, and Conflict Prevention Strategies
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The rapid expansion of eCommerce has significantly increased the role of digital advertising in influencing consumer behavior. However, the prevalence of manipulative advertising practices such as misleading claims, hidden fees, deceptive visuals, and scarcity tactics has led to a surge in legal disputes and regulatory interventions. Governments and consumer protection agencies worldwide have enacted strict laws to combat misleading advertising, yet violations persist, resulting in consumer distrust, financial penalties, and reputational damage for businesses. This research provides an in-depth examination of the legal aspects of advertising manipulation, focusing on the causes of disputes, major regulatory frameworks, case law analysis, and conflict prevention strategies. By analyzing global and regional legal frameworks including the Federal Trade Commission (FTC) regulations in the United States, the Unfair Commercial Practices Directive (UCPD) in the European Union, and China’s eCommerce laws this study explores how different jurisdictions define and penalize deceptive marketing. A review of landmark cases, such as FTC v. Volkswagen, illustrates how courts assign liability and enforce compliance. Furthermore, this paper proposes preventive measures, such as transparent advertising practices, AI-based ad monitoring, internal review mechanisms, and legal collaborations, to mitigate legal risks. The findings underscore the need for a balanced approach that fosters innovation while maintaining ethical and legal advertising standards, ensuring consumer trust and sustainable business practices in the evolving digital marketplace.
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Copyright (c) 2025 Volodymyr Bezditnyi (Author)
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This work is licensed under a Creative Commons Attribution 4.0 International License.