Misleading Marketing – the burden of proof.Any advertising, whether B2C or B2B, will be defined as misleading:
1. That, in any way, in its presentation deceives, or is likely to deceive, those to whom it is addressed or to whom it reaches - disregarding the intentions of the Advertiser. This means that a legal assessment of a marketing campaign must include consideration of all its features.
2 However, from a legal viewpoint the advertising must be deceitful enough to influence the economic activities of the addressee (potential consumer); though the mere likelihood of such an effect is sufficient.
An advertising campaign that is misleading might not only be misleading in terms of what the advertisement supposedly offers, but also with regard to the identity of the advertiser.