Online shopping, misleading advertising and consumer protection

Abstract

One of the most substantive developments in the delivery of marketing activities in recent years has undoubtedly been the emergence and growth of Internet shopping. This relatively new form of communication has revolutionised the buying and selling of products and services, enabling customers to select and import items – many of which are not available through local shop fronts – directly from vendors around the world with the click of a button, and often at a reduced price. Although online shopping has provided a new international landscape to conduct business, the use of this medium and the absence of face-to-face interactions has presented the law with numerous challenges in terms of the scope of consumer protection. This article examines the nature and extent of misleading and deceptive online advertising and looks at the degree to which common law and legislation have evolved to deal with false, deceptive or misleading advertising on the Internet.