Legal Controls Over Marketing

Exam code: 7115

Written by: Ashika|Reviewed by: Caroline Carroll|Updated 2 July 2026

Legal controls are laws designed to protect consumers from unfair or unsafe business practices
Legal controls force businesses to adopt ethical, responsible and consumer-friendly marketing strategies
Non-compliance can lead to
- Financial penalties
- Bans on advertising
- Lawsuits
- Damage to brand image and customer trust
As a result, marketing teams must work closely with legal advisors to ensure that each element of a marketing mix respects current laws and protects consumer interests

Businesses must not make false or exaggerated claims about products in advertisements, packaging or promotional campaigns
Examples of illegal promotions:
- Advertising a discount that is not genuine,
  - E.g. Claiming "50% off this week only" when the product was never sold at the higher price
- Suggesting a product has benefits it does not actually deliver
  - E.g. Claiming a product is waterproof when it provides no protection from the rain
Marketing strategies must be carefully reviewed to ensure honesty, accuracy, and transparency in all communications

Products sold to customers must be safe and fit for purpose
It is illegal to sell goods that could cause harm or injury due to poor design, manufacturing defects or a lack of clear safety instructions
Businesses may need to
- Implement quality control checks
- Provide clear instructions and safety warnings
- Avoid marketing products in a way that encourages unsafe use

The Australian Consumer Law protects consumers from unfair and unsafe business practices when buying goods and services, including
- Unfair trading
- Consumer guarantees
- Door-to-door sales and direct marketing
- Product safety

In the UK, the Consumer Rights Act (2015) protects consumers from unfair and dishonest business practices
- It covers the product or service, returns, repairs, replacements and delivery

The purpose of legal controls to protect customers