INTRODUCTION

1.1. BACKGROUND OF THE STUDY
Advertising as a concept, can be defined as a form of
communication through the media about product, services,
ideas, personalities or organizations, paid for by an identified
sponsor writer Alide in Okunna (2002: 99).
Bovee and Arens (1985) gave a more widely accepted
definition of advertising as the non-personal communication
of information, usually paid for any usually persuasive in
nature about products (goods and services) or ideas by an
identified sponsor through various media. It is an exciting,
dynamic, and challenging enterprise. Its often a persuasive
communication in that it tries to persuade the reader, the
listener or the viewer to take to the sponsor’s own point of
view and also to take some appropriate action. It is not
personal or face to face communication, rather it is directed
to a group of people.
Advertising is also controlled, identifiable information and
persuasion by means of mass communication media.
Defined by Wrignt and Zeight (1982:10).
Gillran Dyer says that in its simplest sense, the word
“advertising” means drawing attention to something or
notifying or informing somebody of something.
According to the understanding of Advertising practitioners
council of Nigeria (APCON) “advertising is a form of
communication through the media about products, services
or ideas, paid for by an identified sponsor”.
The terms advertising was coined from the Latin word
“advertere” which mean literally means to draw attention.
This is when you are getting the evidence mind in a product,
notifying or informing somebody/people of something. There
is no doubt that advertising has brought prosperity to
different countries of the world through different means. It
has helped in speeding up the introduction of new inventions
and has most importantly widened markets for
mass-produced goods and services. Consumers of industrial
goods and service and all over the world today enjoy the
choice of a wide variety of such goods and services.
Advertising has also been of immense benefit humanity and
has contributed in no small measure rapid industrialization
and expansion processes all over the world. Infact,
advertising has contributed in making the world a better
place to live in.
Tracing the history of advertising however, it is evident that
its practice is as old as man. Weppner (1979) in Okunna
(2002: 85) reveals that advertising seems is be part of
human nature evidenced since ancient times.
Groom in his own view stated that “advertising” was first
century AD and has been employed ever since in one form
or another”. It has no specific date, any way, but Groom
further maintains it as an instrument of marketing in the
past 4000 B.C.E. Highlighting its existence in a Nigeria
advertising has been part of commercial activities even
before the arrival of whitemen remarks Abayomi in Okunna
(2002: 86) Quoting Ogbodo (1990), Abayomi in Okunna
pointed out the common practices in our locality like town
criers do, hawking and display of available waves were the
earliest method of advertising in Nigeria. This is still
obtainable in the free-market these days as sellers cry above
their voices to draw the attention of buyers to their waves.

The introduction of modern advertising in Nigeria was made
possible in 1859 by a newspaper called “Iwe Irohin”. It was
owned by an English Reverend gentleman known as Henry
Townsend. It was an eight page newspaper with four pages
English version and four pages “Yoruba” version. This
newspaper attracted a lot of readership, this creating space
for advertisement on births, weddings and obituaries,
vacances for houseboys and maids, church activities, ship
schedules and other social events.
Abayomi in Okunna (2002: 86) records that other
newspaper such as the logos observer, the Eagle, the Lagos
critic and others joined the music. The business of
advertising enjoyed a great boast in the 1920s as notable
companies such as Releigh Bicycle, PZ, lever Brothers,
Cadbury, Ovaltine and others sprang up to patronize the
services of West African Publicity (WAP) who provided advertising services like radio and television there was a
considerable advancement in Radio/TV advertisement for
over four decades. This began with the establishment of
Western Nigeria Broadcasting Services (WNBS) and Western
Nigeria Television (WNTN) by the defunct Western Religion,
Okunna.

At this point, it is pertinent to note that the practice of
advertising in Nigeria has been legalized. The legalized was
masterminded by APCON which was established by Decree
55 of 1988 amended by Decree 93 of 1992.
The APCON, as produced by the code of advertising practice
is charged with the responsibility of among other things.
a). Determining who are advertisers
b). Conducting examinations in the profession and,
c). Regulating and controlling advertising in all this aspects
and ramifications.

The strict adherence to the provisions of this, code has really
made advertising an interest oriented, fascinating and
fantastic professions.
In recent years, the practice of advertising no longer enjoy
its good essence. Following the introduction of fraudulent
and unethical practice in the business of advertising the
profession is fast loosing credibility and interest.
The code of Advertising practice catalogued the essence of
good advertising as outlined below. The codes provides that
all advertisement in Nigeria should;
a). Be legal, decent, honest, truthful and respectful of
Nigeria’s culture.
b). Be prepared with a high sense of social responsibility
and should not show disregard for the interest of
consumers and the wider Nigeria society.
c). Conform to the principles of fair competition generally
accepted in business and fair comment expected in
human communication.
d). Enhance public confidence in advertising.
Unfortunately advertisers have chosen the unethical means
of practicing this profession, neglected the good sense of
advertising which revolves around social responsibility.
In his words, Osunbiyi (1999:27) “advertising on the whole
can be rumours, ie it can be deceptive and misleading. It
can manipulate the “vulnerable psyche”.
No doubt, advertising can be ruinous when some illegal
advertisers make claims that are untruce about a product of
services.
As the consumers of such product testifies that the claims
surrounding the product are not time, he automatically stops
patronage.

Osunbiyi (1999:31) reiterates that deception perhaps, is the
worse criticism of advertising in that it is assumed that
information given is just to deceive the public. Categorically,
we can view the effect of unethical practice of advertising
from many angels.
Fort the most part, same advertisement are deception
oriented for instance, most naturalistic hospital, both
registered and unregistered, go on air or magazine pages to
advertise their products. They make false claims that they
cure a lot of ailments, when in actual sense, they may only
cure, say bellyache. People rush to by the drug or concoction
and eventually worsen their earlier situation. Close examples
are two naturalistic hospitals, 8 Jemeni Street and Dr. J.J.
Ogadinma Naturalistic Hospital along Ogaja Road, Abakaliki.
A more chronic effects of unethical practice of advertising is
‘passing off’,

Passing off is a situation where a producer of a given
product imitates, in a very close identify, the name, colour
graphic design, size and shape of a product of that with a
mark of quality, in order to enjoy plenty safes under the
umbrella of the original product.
It is a also a form of fraud in which a company tries to sell
its own product by deceiving buyers into thinking it is
another product.
It is also making some false representation likely to induce a
person to believe that the goods or service are those of
another. Passing off-to misrepresent that one’s business is
that of, or connected with another, in a way likely to cause
damage. The implication of this ugly act is that is attracts
loss of loyalty and patronage to the ‘main’ product. Hence, it
affects the economic viability of such company and their
product.

This is obtainable in almost all products in the market such
ones are TURA medicated soap which has another imitation
product called TULA. Most people, especially the less
lettered, who had been enlightened about tura soap quickly
buy the ‘TULA’ with the mind frame that is the same thing as
the original one.
A product like Philip electric iron is not exempted in the
passing off. It has imitators like Philip and Dhilip in radio.
Other electronic gadgets like SONY products are plagued by
such ones like sunny, sonic, sony-multi, sony prestige etc. In
BYG products we now have GYC, BIC, VIC, BYG, all sounding
almost the same, with the same design not qualitative, thus
attracting bad name to the product. Talk of Bournvita food
drink, Bomvita, Bovita, Bonveta etc have filled the market,
making it difficult for customers to identify the real one.

In fact, the list is in exhaustible. Over the years, vitafoam
has been noted as a long lasting, soft and qualify mattress.
It has been enjoying good name, hence its sustain ability in
the market vitafoam is not left out in the “Passing off
problem and its effects.
In this work, the researcher has chosen VITAFOAM product
of VITAFOAM NIGERIA PLC, Aba, for a case study.
BRIEF HISTORY OF VITAFOAM NIGERIA PLC
The foam company known as vitafoam Nigeria Plc today is
an offshoot of Vita international limited, an internationally
renowned products of all kinds of quality mattresses,
cushions, pillows and upholstery sheetings.
Vitafoam is less tossing and turning by evenly distributing
the body weight and it create better blood circulation.

Vitafoam Nigeria Plc was incorporated in Nigeria as a private
company on 4th August, 1962.
In 1963, the company opened its first factory at Ikeja, Lagos
State for the production of latex form mattresses. The
installation of its first urethane foam production plant in the
Ikeja premises in 1966 paved way for the production of
carpet underlay, fibre pillows, rigid urethane insulating
materials and Vitabond Adhesive.
Beside the Ikeja factory which is vitafoam Nigeria became
the first foam manufacturing company in Nigeria to win the
much converted international quality award NIS ISO 9002
certificate for the manufacture and sale of flexible and rigid
poly urethane foam, fibre pillows and adhesive.
Thus emphasizes their quality policy which states thus: Our
policy at vitafoam Nigeria Plc is to continually provide goods
and services and conform to international standard and
surpass customers expectations at a price that represents
value.

Vitafoam battles with identical mattresses with such brand
names as vitafoam, vitafoam, vitafoam, mitafoam,
mitafoam, vitafosfoam, vitalinefoam etc.
Worthy of note is that these imitators have contributed a lot
to deceiving vitafoam customers to make wrong choices,
thereby losing their loyalty to the company. As a parts of the
provisions of APCON Code of Advertising Practice under
medical products and treatments (4.7:12) “no
advertisement should claim that the product, medicine or
treatment advertised will promote sexual virility or be
effective in treating sexual weakness, or habits associated
with sexual excess or indulgence, or any ailment, illness or
disease associated with these habits”. Even the
pharmaceutical companies, these days make claims that a
given drug can cure a member of diseases. But all are based
on false claims.

1.2. STATEMENT OF THE PROBLEM
In the bid to maximize profit in the prevalent get rich-quick
syndrome of some fraudulent entrepreneurs, some indulge
in ill-practice of advertising. These unethical practice thus,
endangers the well-being of the society and the Nigeria
culture in particular. Absolute social responsibility to the
customers of advertised goods and service is not ensured
due to the fact that buyers are often misted by chronic
imitators. As a result of a lot of people haven fallen victim of
the unethical practice of advertising known as passing off.
This has been a serious problem facing the Advertising
Practitioners Council of Nigeria (APCON). The researcher in
this, study, attempts to find in solution of these problems
aforementioned and to particularly evaluate its effects to
vitafoam, as a product and measures the company has put
in place to correct the problem.

1.3. OBJECTIVES OF THE STUDY
This research work aims at bringing to limelight why illegal
practice of advertising is on the increase. That is evaluating
why some advertisers neglect the laid down ethics of
advertising to pass through the “backdoor” it would also
pin-point the set of advertisers who practice advertising
unethically.
Most importantly, it would look into the extent of effects
unethical practice of advertising has caused. This study
would also more whether APCON has devised other strict
measures to penalize illegal practitioners.

1.4. SIGNIFICANCE OF THE STUDY
It is the belief of the researcher that this study would serve
as immense useful purpose to its potential and prospective
users. Students, scholars, consumers of goods and services
policy makers, advertisers, advertising agencies and
advertising researchers would stand to gain a lot from the
facts contained in this work. This study upholds the high
standard of an ideal advertising practice and therefore
benefits the advertisers and feaming consumers of
advertised goods and services. It serves as an eye opener to
a good sense of advertising because the interest of the
consumers is paramount.
After close study of this research work, the evil effects of
unethical practice of advertising will be drastically reduced, if
not bought to an end.

1.5. RESEARCH QUESTIONS
To provide a framework for eliciting solution to the research
problems, it is necessary that some research questions be
formulated.
A number of research questions are hereby given below for
this reason.

1. Why do some advertisers neglect the ethics of
advertising practice?
2. What effects have unethical practice of advertising
caused?
3. Has APCON stipulated any measures to curb illegal
advertising?
4. Does advertising lack professional application?
5. Why are the media involved in promoting illegal
advertising?

1.6. RESEARCH HYPOTHESES
H1: Some advertisers neglect the ethics of advertising practice.
Ho: Some advertisers do not neglect the ethics of advertising
practice.
H2: Unethical advertising practice has effect.
H0: Unethical advertising practice has no effect.
H3: APCON stipulated measures to curb illegal advertising.
H4: Advertising lacks professional application.
H0: Advertising does not lack professional application.
H5: Media involves in promoting illegal advertising.
Ho: Media do not involve in promoting illegal advertising.

1.7. CONCEPTUALLY AND OPERATIONAL DEFINITIONS
In the interest of the render, this writer wishes to outline and
explain some key concepts used in this study. They are
necessary to guide the reader to note the exact meaning of
the words, expressions or phrases as used in the passage for
easy understanding.
Possibly, a word might have more than one meaning and this
study taken operationalized the concept as far as this project
work is concerned.

CONCEPTUALLY DEFINITION
EFFECT means something that brought about by a cause or
agent, a result, it is the power to produce an outcome or
achieve a result.

UNETHICAL means not connected with beliefs and
principles about what is right and wrong. It is not morally
correct acceptable. It is means of promoting advertising.
PRATICE it means that it is a way of doing something that
is usual or expected way in a particular organization or
situation.
ADVERTISING it is a form of communication intend to
persuade if viewers, readers or listeners to take some
action. It is an exciting, dynamic, and challenging
enterprise. Its often pervasive, fascinating and materialistic
nature makes it an object of criticism and misunderstanding.
Advertising is also a profession in which a body of experts in
involved in the conceptualization, planning, creating,
packaging and placing of advertisements on the media.
NIGERIA-Nigeria is a country in West Africa sub-region
within the African continent which got their independent in
1960. The evolution of Nigeria state was the creative
ingenuity of the British Colonial Masters, especially, lord
Lugard, who in 1914 amalgamented the Northern and
Southern protectorates in the Nigeria area and thus created
one of the largest countries in Africa called Nigeria.
Nigerian is a geographical/entity area that contains many
nations and state.

VITA FOAM is defined as a means of tossing and turning by
evenly distributing the body weight. It is a foam that we lay
down on when sleeping for a comfortable relaxation after
work, activity or when we are tired even feeling sleeping.
OPERATIONAL DEFINITIONS
EFFECTS
The word effect can be defined in two dimensions. On one
hand, it could be regarded as negative and on the other
hand, positive. Effect is the negative, what affect the vitafoam in Nigeria in terms of advertisings both in positive
and negative.
The Oxford Advanced Learner’s Dictionary explains effect in
the form of change that yields a result. For instance, one can
ask, what is the effect of your discussion? But for this work,
an effect means the negative results of unethical or
unprofessional practice of advertising on the consumers.
UNETHICAL
This is obtainable when there is a deviation from what is
supposed to be. That is to say that one may have exhibited
an unacceptable behaviour against ones organization or
society where the person finds himself.
Negative practice by vitafoam advertisers in Nigeria.
To this end, unethical here means paying no regard to the
laid down principles of advertising.

PRACTICE
When we say practice, if entails the practicality of what is
said, as in theory and practice. In football, for instance,
there is a time when the players are told what to do with the
football. And they yet to perfect in those lectures by
practicing what is taught them.
ADVERTISING
Advertising, like other promotional techniques informs,
persuades and reminds. It can change consumer’s, beliefs,
attitudes, images, and behaviour. But for advertising to be
effective on a national level, enormous expenditures are
required. Advertising is a giant industry.
Advertising is an avenue of creating awareness of vitafoam
in Nigeria.

NIGERIA
It is a geographical entity or area that we practice
advertising. It is also a continent in African or a country in
West Africa sub-region within the African continent were
advertisers shows unethical practice.
VITA FOAM
It is a company which practices advertising of foam in
Nigeria. A company under the Nigeria study of foam advert.
1.8. SCOPE AND LIMITATIONS OF THE STUDY
It is important to point out that the scope of this study is to
the vitafoam Nigeria Plc to determine the effects of unethical
practice of advertising in Nigeria.
The case study is a renowned company which produces
quality mattresses, cushions, pillows and upholstery
sheetings. The researcher’s choice of this area as her scope
of study is for her generate data capable of representing the
needs find answers to the research questions.
Also it is to use a company that has the same business and
environmental characteristics with the within the target
population. This is to a largest extent will lead to the validity
and reliability of the instruments used for the study.
Despite all these opportunities, a lot of obstacles were
encounted by the researcher during the process of putting
the project together.

Among them are:
a). Time Constraints: A limited time frame was allotted
to the research for gathering of data and sourcing to
research materials.
b). Finance: Money was required at all stages of this study
but could not gotten easily.
Effort was made by the research to ensure that the
research was carried out under conditions that led to
scientifically valid conclusion despite the financial
problem.

1.9. ASSUMPTIONS OF THE STUDY
In this study, it is simply assumed that any study on the
effects of unethical practice of advertising in Nigeria is a
welcomed development. The assumptions of such effects are
therefore based on a case study of vitafoam Nigeria Plc.
Therefore the research study assumes that
i). Some advertisers neglect the ethics of advertising
practice.
ii). APCON has stipulated some measures to curb illegal
advertising.
iii). Advertising lack professional application.
iv). The media are involved in promoting illegal advertising.
v). Unethical practice in advertising cause some effects.