TV ad steams noodle makers

Recently there was a controversy stemming from a TV commercial of a big instant noodle manufacturer.

The commercial said: “If boiled water is poured into the noodle package and the water soon turns a translucent yellow, it proves that the product contains colouring.”

By comparing two light and dark yellow noodle packages, the advertisement led viewers to believe that the darkly coloured noodle contained colouring.

According to Tuoi Tre newspaper, “the commercial has allegedly attracted consumers’ attention because instant noodles are a product closely attached to most Vietnamese.”

Producers have a right to advertise, according to law, but there is dispute about whether the commercial is normal business practice in line with the law or is deceptive.

Some noodle traders said this advert may confuse consumers because noodles that turn this colour in water did not always contain food colouring.

Pham Hoai Huan of the Sai Gon Times Weekly said what matters is whether the advertising content is true.

An advertisement is lawful if its content introduces goods’ characteristics, functions and prices and does not have deceptive remarks.

Article 1 of Clause 45 of the Competition Law stipulates that businesses must not advertise by directly comparing their products with counterparts.

In line with this stipulation, advertising with comparisons is unlawful regardless of the truth of the information in the advertisement.

In addition, the competition law also says that the defendant does not have to prove their losses when their products are compared with others. The insistence that losses must be proven is not necessary.

It was also noted that competition laws in other countries may not view advertisements involving comparison as illegal.

However, the Vietnamese legal framework has banned such practices. Meanwhile, our ancestors have a sentence “nhap gia tuy tuc” (when visiting a family, observe its customs).

Tags: Vietnam advertising market