Policy and declared scope of regulation
- Section 1 criminalizes certain advertisement practices that are intentionally untrue, deceptive, or misleading.
- The Act regulates advertisements made to the public for sale or distribution of merchandise, securities, service, or anything offered to the public.
- The Act also covers advertisements intended to increase consumption and to induce the public to enter obligations or acquire title or interest.
- The Act targets deception communicated through public-facing channels listed in Section 1.
Covered persons and covered subject matter
- Section 1 applies to any person, firm, corporation, or association.
- Section 1 applies when the actor deals with merchandise, securities, service, or anything offered to the public.
- Section 1 covers advertisements regarding matters offered for sale or distribution.
- Section 1 covers advertisements that are used to induce obligations relating to the advertised items.
- Section 1 covers advertisements that are used to acquire title or an interest in the advertised items.
Prohibited conduct in advertising
- Section 1 prohibits, for criminal liability, the making, publishing, disseminating, circulating, or placing before the public of an advertisement containing an assertion, representation, or statement of fact that is intentionally untrue, deceptive, or misleading.
- Section 1 covers conduct done directly or indirectly.
- Section 1 imposes liability when the advertiser acts with intent to sell or in any wise dispose of the offered item.
- Section 1 imposes liability when the advertiser acts with intent to increase consumption of the offered item.
- Section 1 imposes liability when the advertiser acts to induce the public to:
- enter into any obligation relating to the advertised matter; or
- acquire title or an interest therein.
- Section 1 extends coverage to advertisements placed before the public through any listed public distribution medium and “in any other way,” including:
- a newspaper or other publication;
- book, notice, handbill, poster, bill, circular, pamphlet, or letter; and
- any other method.
Elements of the offense and mental state
- Section 1 requires an advertisement that contains an assertion, representation, or statement of fact.
- Section 1 requires that the assertion, representation, or statement of fact be intentionally untrue, deceptive, or misleading.
- Section 1 requires the actor to have one of the specified intents, including intent to sell/dispose, increase consumption, or induce the public to enter obligations or acquire title or interest.
Penalties and punishment
- Section 1 makes the prohibited act a misdemeanor.
- Section 1 imposes a penalty of a fine not to exceed six hundred pesos, or six months’ imprisonment, or both, at the court’s discretion.
- Section 1 provides that punishment applies “for each offense.”
Repealing clause and separability
- Section 2 repeals all Acts and ordinances and parts thereof that are inconsistent with Act No. 2333.
- Act No. 2333 contains no separate separability clause or sunset provision.