Prior Substantiation Doctrine: Why Post-Soviet (Russian) approach and US Policy Statement regarding Advertising Substantiation have similar external standards?

Abstract

An advertisement provides the flow of commercial information from manufacturers to consumers and consequently effects on consumer choices regarding products. Therefore, each manufacturer tries to persuade consumers on certain product characteristics, but the persuasive information can become deceptive when manufacturer attempts to manipulate consumers. Since deception creates unfair advantages for its distributer and misleads consumers by affecting their purchasing decision, the government has to regulate misleading advertising by setting legal standards concerning deception. Deception standard was originated in the USA and has been implemented in other legal systems. The EU competition law developed the legal framework for misleading advertising under the influence of US antitrust law. Russia, on the other hand, attempted to implement the EU legal concept, but unfortunately it designed very a general and ambiguous legal framework for misleading advertising, or so-called improper advertising. Furthermore, the concept of improper advertising contains non-content regulation such as violation on times, place and manner of advertising in order to control excessive amounts of advertising. Here, the substantiation standard means that advertisers must prove their advertising claims with relevant documents or with appropriate, competent and reliable scientific evidence. Through this substantiation or prior substantiation standard, the enforcement authority wants to provide its administrative interest to keep control over advertising.