Passive deception, like all forms of deception, is not necessarily consciously applied; all that is required is for others to be deceived. As opposed to Fraud, it relies on a lack of knowledge; all that is required to deceive the recipient is inaction, ie not informing the deceived of the facts.
Capitalist societies value competition more than cooperation, and are by default bereft of the altruistic behaviour that ethics indicates; compulsion of such behaviour is disparagingly called Good Samaritan laws (conflating ethical behaviour with religion, and setting the bar low by establishing such behaviour as beyond the capabilities of any but a mythically moral hero), and such laws are an anathema to capitalist societies, rarely enacted. In this cultural environment, passive deception is allowed to operate as a default. Passive deception is checked somewhat by legislation aimed at specific targets that have become a matter of political interest, such as Warning label laws and Truth in advertising laws.