LEGAL MEASURES IN CRIMINAL SANCTIONS AGAINST EXAGGERATIVE STATEMENT ADVERTISING OF PRODUCTS

Abstract

Nowadays, economic system and communication system have swiftly changed and expanded.  Meanwhile, promotion for sale of merchandises and services of manufacturers and entrepreneurs is highly competitive.  Its significant factor is advertising.  The more advertising is greatly interesting, the more benefit going to marketing of such goods and services. Those entrepreneurs have exercised variety of advertising strategy in order to attract consumers’ attention. However, an important problem includes false and exaggerated advertisement which is considered as a deception to customers and causes damage to those customers and national economy.  This thesis aims at studying problems and legal measures in criminal sanctions against exaggerated advertisement for seeking relevant solution and economic optimum.

            This study results the consumer protection relating to advertising provisions of Consumer Protection Act B.E. 2522 do not provide a penal measure including penalty fine in case of exaggerated advertisement in Consumer Protection Act B.E. 2522. It is not in conformity with current social and economic circumstances. On the other hand, United States of America, United Kingdom, Japan and Federal Republic of Germany provide inclusive and appropriate penal measures pertaining to the exaggerated advertisement. The researcher, accordingly, suggests an amendment to Consumer Protection Act B.E. 2522 to provide effective and comprehensive consumer protection