Legal Controls Over Marketing (Cambridge (CIE) IGCSE Business): Revision Note

The purpose of legal controls to protect customers

• Legal controls are laws designed to protect consumers from unfair or unsafe business practices

• Legal controls force businesses to adopt ethical, responsible and consumer-friendly marketing strategies

• Non-compliance can lead to

  • Financial penalties

  • Bans on advertising

  • Lawsuits

  • Damage to brand image and customer trust

• As a result, marketing teams must work closely with legal advisors to ensure that each element of a marketing mix respects current laws and protects consumer interests

The effects of legal controls on marketing

Misleading promotion

• Businesses must not make false or exaggerated claims about products in advertisements, packaging or promotional campaigns

• Examples of illegal promotions:

  • Advertising a discount that is not genuine,

    • E.g. Claiming "50% off this week only" when the product was never sold at the higher price

  • Suggesting a product has benefits it does not actually deliver

    • E.g. Claiming a product is waterproof when it provides no protection from the rain

• Marketing strategies must be carefully reviewed to ensure honesty, accuracy, and transparency in all communications

Faulty and dangerous goods

• Products sold to customers must be safe and fit for purpose

• It is illegal to sell goods that could cause harm or injury due to poor design, manufacturing defects or a lack of clear safety instructions

• Businesses may need to

  • Implement quality control checks

  • Provide clear instructions and safety warnings

  • Avoid marketing products in a way that encourages unsafe use

Examples of consumer protection legislation

• The Australian Consumer Law protects consumers from unfair and unsafe business practices when buying goods and services, including

  • Unfair trading

  • Consumer guarantees

  • Door-to-door sales and direct marketing

  • Product safety

• In the UK, the Consumer Rights Act (2015) protects consumers from unfair and dishonest business practices

  • It covers the product or service, returns, repairs, replacements and delivery