Abstract:
Promotional activities in general include all the activities carried out by a supplier to
promote its product, service or brand. Promotional activities include advertising or
marketing (on television, radio, and websites), personal sales (doortodoor
selling) or
promoting products, services or brands by way of public relations (using newspapers,
media or sponsoring events). Ultimately the goal of any promotional activity is to increase
the sales of goods and services as well as creating brand awareness among consumers.
The main purpose of this contribution is to provide a comprehensive overview of the
promotional activities in terms of the Consumer Protection Act 68 of 2008. This is done
by first highlighting relevant promotional activities and the regulation thereof prior to the
implementation of the CPA which includes certain commonlaw
principles, existing
legislation and identifying the main methods of regulating promotional activities. Even
though the consumer is granted the fundamental consumer right to fair and responsible
marketing it is important to recognise that other provisions within the CPA also govern
promotional activities and therefore also warrant discussion. The interplay between the
CPA and other pieces of relevant legislation will also be discussed, including the interplay
between the CPA and preexisting
regulatory bodies.
