An overview of promotional activities in terms of the Consumer Protection Act in South Africa

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 common law 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.