The effect of marketing research evidence in deceptive advertising litigation : a thesis presented in partial fulfilment of the requirements for the degree of Doctor of Philosophy in marketing at Massey University

Abstract

A review of court cases decided under the New Zealand Fair Trading Act 1986 shows that a television advertisement would be found to contravene the Act where it could be shown to convey an implied claim that is false.

A review of the literature reveals that a variety of empirical tests have been proposed to determine whether an advertisement conveys an implied claim.

A review of legal decisions in the United States, Australia and New Zealand, suggests that the most probative evidence as to whether an advertisement conveys an implied claim is an empirical test using artificial viewing conditions and forced-choice questions.

A survey of expert lawyers in New Zealand shows that evidence of such tests is likely to be given substantial weight in litigation under the Fair Trading Act 1986.