3. FALSE OR MISLEADING ADVERTISEMENTS

3.1    No advertisement, taken as a whole or in part, shall contain any printed, spoken or visual presentation of the product or service advertised, or statement of its price which directly or by implication misleads.  In particular: ‑

3.1.1      SPECIAL CLAIM

No advertisement shall contain any reference which is likely to lead the public to assume that the product advertised or any ingredient has some special property or quality (which is in fact unknown, unrecognisable or incapable of being established).

3.1.2      SCIENTIFIC AND TECHNICAL TERMS

Statistics, scientific terms, quotations from technical literature and the like may be used only with a proper sense of responsibility to the public.  The irrelevant use of data and jargon to make claims appear more scientific than they really are shall not be permitted.  Statistics of limited validity shall not be presented in such a way as to make it appear that they are universally true.  The Advertising Standards Authority of ADMA will require substantiation for any scientific or technical terms which are used.

3.1.3      IMITATION, EXAGGERATION AND QUESTIONABLE CLAIMS

Any imitation likely to mislead the public, even though it is not of such a kind as to give rise to a legal action for infringement of copyright or for “passing off”, must be avoided.

3.1.4      No exaggerated or questionable claim or any form of misrepresentation shall be made for any product or service.

3.1.5      Every effort shall be made to ensure that no advertisement contains anything which is likely to offend the susceptibilities of any section of the community.  In the event that any group makes a justifiable complaint, the ASA Committee shall be convened and will make a ruling.

3.1.6      No advertisement shall contain anything which, in the opinion of the member media, contains any element of danger to children.

3.1.7      Advertising shall not contain anything which is considered to be malicious or scandalous.

3.1.8      No advertisement shall make an undue appeal to fear on the part of the public, if the intended objective is to make a profit and/or sell a product/service.

3.1.9      No advertisement shall endeavour to create a sense of inferiority in the mind of the person or persons who do not use product or service being advertised by the advertiser.

3.1.10    No advertisement should contain any visual element which, by itself, or in combination with words used in connection therewith, is likely to convey a misleading impression, or if the reasonable inference to be drawn from such advertisement infringes any of the provisions of this Code.

3.1.11    The word “NEW” may be used in all media, packaging, posters, billboards, etc. for an entirely new product or service marketed or sold during a given twelve‑month period.  It may also be used to advertise any change or improvement to a product, service or package, provided that the change or improvement is material and can be substantiated and defined.

The maximum use of the word “NEW” in the above prescribed contexts to be confined to a twelve‑month period calculated from date of proven first usage in an advertisement.  In exceptional circumstances an extension of the twelve‑month period may be considered.

3.2          PLAGIARISM

Even if technically not plagiaristic or of such a kind as to give rise to legal action, advertisements copying the content or concept of current/recent advertising campaign in Zimbabwe, particularly within the same product group, will not be permitted.