Article 7. Types of inappropriate advertising of the Law On Advertising

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1. Unfair advertising is an advertisement that:

1) contains a comparison of advertised goods (works, services) with goods (works, services) of other individuals or legal entities, as well as statements and images discrediting their honor, dignity and business reputation;

2) misleads consumers about the advertised products by copying the brand name, trademark, branded packaging, product appearance, formulas, images and other commercial designations used in advertising other products, or by abusing their trust;

3) contains indications or statements, the use of which in carrying out business activities may mislead about the nature, method of manufacture, properties, suitability for use or quantity of goods (works, services);

4) discredits, humiliates or ridicules individuals or legal entities who do not use the advertised goods (works, services);

5) is an advertisement for goods prohibited from advertising by the law of the Republic of Kazakhstan, if such advertising is carried out under the guise of advertising another product, the trademark or service mark of which is identical or confusingly similar to the trademark or service mark of goods prohibited from advertising, as well as under the guise of advertising the manufacturer or seller of such goods.

2. An advertisement is considered to be unreliable if it contains information that does not correspond to reality in relation to:

1) product characteristics such as nature, composition, method and date of manufacture, purpose, consumer properties, conditions of use, availability of a certificate of conformity, certification marks and marks of compliance with national standards, quantity, origin;

2) availability of products on the market, the possibility of purchasing them in a certain place;

3) the cost (price) of products and additional payment terms at the time of distribution and placement of advertising;

4) delivery, exchange, return, repair and maintenance of products;

5) warranty obligations, service life, expiration dates;

6) the expected results of the application;

7) exclusive rights to the results of intellectual activity and equivalent means of individualization of a legal entity, products, performed works or services;

8) the rights to use state symbols (coat of arms, flag, anthem), as well as symbols of international organizations;

9) official recognition, receiving medals, prizes, diplomas and other awards;

10) providing information on how to purchase a complete series of products, if it is part of a series;

11) research and test results, scientific terms, quotations from technical, scientific and other publications;

12) statements about goods (works, services), business activities that discredit an individual or a legal entity, industrial or commercial activities of other persons;

13) statistical information that should not be provided in a form that exaggerates its validity;

14) the status or level of competence of the manufacturer, seller of goods (works, services) or persons advertising them.

3. Unethical is advertising that:

1) contains textual, visual, and audio information that violates generally accepted norms of humanity and morality by using offensive words, comparisons, and images regarding race, nationality, language, profession, social status, age, gender, and religious and political beliefs of individuals;

2) defames objects of art, culture, historical monuments that are national or world heritage;

3) defames state symbols, the national currency of the Republic of Kazakhstan or foreign currency, religious symbols.

4. Deliberately false advertising is an advertisement by which an advertiser (advertiser, advertiser) intentionally misleads the consumer of advertising.

5. Hidden advertising is advertising that has an impact on the consumer's perception and instincts in radio, television, video, audio and film products, as well as in other products, including through the use of special video inserts, double sound recordings and other means.

6. Inappropriate advertising is prohibited.

The footnote. Article 7 as amended by the Laws of the Republic of Kazakhstan dated 06/19/2007 No. 264 (for the procedure of entry into force, see art. 2); dated 03/19/2010 No. 258-IV; dated 07/10/2012 No. 31-V (effective after ten calendar days after its first official publication); dated 12/29/2014 No. 269-V (effective effective from 01.01.2015).

The Law of the Republic of Kazakhstan dated December 19, 2003 No. 508.

This Law regulates the relations arising in the process of production, distribution, placement and use of advertising in the territory of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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