Question

Find one advertisement (print, radio, television, internet – any media source) that you believe is false, misleading or deceptive. Discuss whether your advertisement is entitled to First Amendment protection. Please attach your advertisement, or a description of your advertisement (if you heard it on the radio) to your response. If you were in the Advertising Acceptability Department of the media outlet that ran the ad, would you have accepted this ad? Explain why or why not.

Answer 1

Kia and Hyundai misleading advertisement

Hyundai company advertisement is an example of misleading advertisement. Hyundai and KIA were found to claim 40 miles per gallon efficiency for Elantra car but this statement is not found true. The window sticker on the cars was asked to be removed. Customers were misled by such advertisement about economy of cars and they purchased cars. Environment protection agency conducted an investigation to know fuel efficiency of cars of Hyundai and found that claims were misleading.

Such misleading advertisement is not protected by the first amendment of USA. The central Hudson test considers whether the advertisement is false and misleading and if the advertisement is found misleading, first amendment does not protect such advertisement. Therefore, Hyundai advertisement cannot be protected by first amendment.

As a director of advertising acceptability department, responsibility is to review advertisement and to make sure that high standards of advertising are followed. These standards require that advertisement must not be misleading or promote false claims. Standards such as advertisement must not use inappropriate language, content, sexual portrayal, violence, etc. are also being considered to accept the advertisement. But as in this case, Hyundai advertisement is clearly misleading and therefore, it would not have accepted had the intentions of Hyundai known. Accepting such advertisement compromises advertisement standards and propagates unethical practices. Supporting such unethical practices of a company reduces credibility of advertisement acceptability department and its responsibility to protect interests of public. Thus, Hyundai act would not have been accepted.