From: Jesús Corrius (jesus@softcatala.org)
Date: Sun Sep 07 2003 - 07:00:59 EDT
>
> Dom,
>
> In Europe, in almost all countries, you cannot compare two products
> directly. I'm not sure if this is legal in Europe. I'm sorry but I do
> not the exact details of the law, but I know for sure that some
> companies had problem with this. I know that this is a quote from a user
> but someone with a legal background should check this.
>
> Cool comments, BTW!
>
Jordi, that law was modified in 1997. Now it says:
"APPENDIX 3: DIRECTIVE ON MISLEADING AND COMPARATIVE ADVERTISING
(Abstracts)
Dated 6 October 1997.
Art. 2:
"misleading advertising" means any advertising which in any way,
including its presentation, deceives or is likely to deceive the persons
to whom it is addressed or whom it reaches and which, by reason of its
deceptive nature, is likely to affect their economic behaviour or which,
for those reasons, injures or is likely to injure a competitor.
Art. 2 bis:
"comparative advertising" means any advertising which explicitly or by
implication identifies a competitor or goods
or services offered by a competitor.
Art 3 bis:
1. As far as comparison is concerned, comparative advertising shall be
permitted when the following conditions are met:
a) It is not misleading
b) It compares goods or services meeting the same needs or intended for
the same purpose;
c) It objectively compares one or more essential, relevant, verifiable
and representative features of those goods
and services, which may include price;
d) It does not create confusion on the market between the advertiser
and a competitor or between their respective trademarks, trade names,
other distinguishing marks, goods or services;
e) It does not discredit or denigrate a competitor's trademarks, trade
names, other distinguishing marks, goods or services, activities or
circumstances;
f) For products with designation of origin, it relates in each case to
products with the same designation;
g) It does not take unfair advantage of the reputation of a
competitor's trademark, trade name, or other distinguish marks or of a
competing product's designation of origin;
h) It does not present goods or services as imitations or replicas of
goods or services bearing a protected trademark or trade name.
2. Any comparison referring to a special offer must clearly and
unequivocally indicate, the date on which the offer ends or, where
appropriate, that the special offer is valid for as long as the supply
of the goods and services lasts or, if the special offer has not yet
begun, the starting date for the period during which the special price
or other specific conditions shall apply. The rest of the directive
deals with control and sanctions procedures that Member states have to
put in place in order to protect consumers from misleading advertising
or illegal comparative advertising."
Remember the ad on TV comparing orange juice: "Simon Live tiene un 3%
más de zumo de fruta natural que Don Simón" ;-)
Regards,
-- Jesús Corrius <jesus@softcatala.org>
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