Asymmetric information: reflections on misleading advertising

Abstract

Misleading advertising is not only an act of unfair competition but also a violation of consumer rights, undermining trust in the marketplace. By disseminating incomplete or inaccurate information, whether to influence purchasing decisions, conceal product defects, or as part of a broader commercial strategy, businesses generate uncertainty and place consumers at a clear disadvantage. This article examines the impact of misleading advertising on the business-consumer relationship through an analysis of significant national cases. The study adopts two essential legal frameworks: the theory of legal act in Civil Law, which addresses the validity and enforceability of contracts formed under misleading or insufficient information, and the offense of fraud in Criminal Law, which sanctions such practices when they constitute criminal deception. Both approaches highlight how these actions breach the duty to provide clear, accurate information and the obligation to ensure product quality, ultimately violating fundamental consumer protection laws.