Transcript Advertising

BALKAN LEGAL FORUM 2002
SOFIA, BULGARIA
Dr. Jürgen Brandstätter
ADVERTISING ACTIVITIES IN THE
LIGHT OF EUROPEAN LAW
STANDARDS
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Directive 84/450/EEC on
misleading advertising
Article 2, para. 1
‚Advertising‘ means the making of a representation
in any form in connection with a trade, business,
craft or profession in order to promote the supply of
goods or services, including immovable property,
rights and obligations.
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Directive 84/450/EEC on
misleading advertising
Article 2, para. 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.
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Directive 97/55/EC on
comparative advertising
Article 1, para. 3
‚Comparative Advertising‘ means any advertising
which explicitly or by implication identifies a
competitor or goods or services offered by a
competitor
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Directive 97/55/EC on
comparative advertising
Permitted, if
• it is not misleading
• it compares goods and services meeting the same
needs or intended for the same purpose and that
have the same designation of origin
• it objectively compares one or more material,
relevant, verifiable and representative features of
those goods and services, which may include price
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Directive 97/55/EC on
comparative advertising
• it does not create confusion with the competitors’
products or trade marks and brand names
• it does not denigrate competitors’ products,
distinctive signs and activities
• it does not take unfair advantage of the reputation
of a competitor’s mark or designation of origin
• it does not present goods or services as imitation
or replicas of protected products
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Directive 1999/44/EC on certain
aspects of the sale of goods and
associated guarantees
Article 2
Consumer goods have to meet the expectations of
the buyer raised by any public statements on the
specific characteristics of the goods made by the
seller, the producer or his representative,
particularly in advertising or in labelling.
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Directive 2000/31/EC on
electronic commerce
Article 7
Member States which permit unsolicited
commercial communication by e-mail shall
ensure that such commercial communication by a
service provider established in their territory shall
be identifiable clearly and unambiguously as such
as soon as it is received by the recipient.
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Directive 98/43/EC on tobacco
advertising and sponsoring
The European Court of Justice ruled that the
Directive exceeded Art. 95 (former Art. 100a) on
which basis it had been adopted.
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Directive 2000/13/EC on
labelling, presentation and
advertising of foodstuffs
Labelling elements are
• name under which the product is sold
• list of ingredients
• quantity of ingredients or categories of
ingredients expressed as a percentage
• net quantity
• date of minimum durability
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Directive 2000/13/EC on
labelling, presentation and
advertising of foodstuffs
• special conditions for keeping or use
• name or business name and address of the
manufacturer or packager or of a vendor
established in the Community
• place of origin or provenance
• instructions for use
• indication of the acquired alcohol strength
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Directive 1999/45/EC on
classification, packaging and
labelling of dangerous goods
Labelling elements are
• the trade name of the preparation and the name and
address of the person responsible for placing it on
the market
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Directive 1999/45/EC on
classification, packaging and
labelling of dangerous goods
• the chemical name of the substance or substances
in the preparation. Although this list does not have
to be exhaustive, the names of the substances
which have given rise to the classification
"dangerous preparation" must be indicated
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Directive 1999/45/EC on
classification, packaging and
labelling of dangerous goods
• the danger symbols and risk phrases, in
accordance with the wording in the annexes to
Directive 67/548/EEC relating to the
classification, packaging and labelling of
dangerous substances. Provisions are also laid
down for preparations containing several
dangerous substances which require several
symbols and risk phrases
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Directive 76/768/EEC on
cosmetic products
Labelling elements are
• the name or style and the address or registered
office of the manufacturer or person responsible
for marketing the cosmetic product who are
established within the Community
• the nominal content at the time of packaging
• the expiry for products with a stability for less
than three years
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Directive 76/768/EEC on
cosmetic products
• particular precautions to be observed in use, and
especially those which are listed in the annexes to
the Directive, have to be printed either on the label
or on the container; where this is impossible for
practical reasons, this information must appear on
the packaging or on an enclosed leaflet
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Directive 76/768/EEC on
cosmetic products
• the batch number of manufacture or the reference
for identifying the goods; however, where this is
impossible for practical reasons because the
cosmetic articles are too small, such information
need appear only on the multiple retail pack or
sleeve of these articles
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Directive 2001/83/EC on the
Community code relating to
medicinal products for human use
Minimum labelling elements are
• the name of the medicinal product
• the information necessary for correct use of the
medicinal product
• an express, legible invitation to read carefully the
instructions on the package leaflet
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Directive 2001/83/EC on the
Community code relating to
medicinal products for human use
Prohibited labelling and advertising statements
• give the impression that a medical consultation is
superfluous
• suggest that the health of the subject can be
enhanced by taking the medicine
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Directive 2001/83/EC on the
Community code relating to
medicinal products for human use
• directed exclusively or principally at children
• refer to a recommendation by scientists, health
professionals or persons who, because of their
celebrity, could encourage the consumption of
medicinal products
• suggest that the medicinal product is a foodstuff,
cosmetic or other consumer product
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Directive 2001/83/EC on the
Community code relating to
medicinal products for human use
• suggest that the safety or efficacy of the product is
due to the fact that it is natural
• could, by a description or detailed representation
of the case history, lead to erroneous selfdiagnosis
• refer, in improper, alarming or misleading terms,
to claims of recovery
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Directive 2001/83/EC on the
Community code relating to
medicinal products for human use
• use, in improper, alarming or misleading terms,
pictorial representations of changes in the human
body caused by disease or injury, or of the action
of a medicinal product on the human body
• mention that the medicinal product has been
granted a marketing authorisation
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