Hacia una regulación general del uso lícito de la letra pequeña en la publicidad

The ilicit use of the fine print in the advertising basically consist of the use of an eyecatching message (both for its content and for its presentation) that captures the attention of consumers, being said message substaintally nuanced or limited by another written in much smaller typographic character. It is a practice that is detrimental to the interest of both consumers and competitors. This explains that said practice that is detrimental to the interests of both consumers and competitors. This explains that said practice can be considered as an act of deception (articles 5 and 7) and of violation of norms (article 15) according to the Unfair Competition Law. On the basis of some experience in comparative law, of the sectorial regulation that exists on this matter in our Law relative of the banking and financial sector, and of the rule 3 of the Advertising Self_Control Code, this paper tries to propose some rules to the elaboration of a general regulation of the lawful use of small print in the advertising. This general regulation seems convenient to avoid having to appli extensively to the advertising sector the requirement of article 80 of the Consolidated Test to the Consumers, Which requires that the size of letter used in the contracts is not less than 1,5 in any case millimetres in height.