Case law

  • Case Details
    • National ID: MAO:445/09
    • Member State: Finland
    • Common Name:link
    • Decision type: Court decision, first degree
    • Decision date: 24/09/2009
    • Court: The Market Court (Helsinki)
    • Subject:
    • Plaintiff: The Consumer Ombudsman
    • Defendant: Keittiöjätti Oy
    • Keywords: advertisement, combined offers, misleading advertising, product marketing
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Article 5, 1.
  • Headnote
    Emphasizing the value of the additional benefit in an advertisement in such way that the additional benefit dominates the advertisement, is unfair. 
  • Facts
    The defendant had advertised its products by offering an additional benefit together with the actual product, and by indicating the value of the additional benefit in the old currency (the Finnish mark). This way, the advertisement created the impression that the additional beneft was more valuable than it actually was.

    The plaintiff claimed that the defendant had to be prohibited:

    (1) from offering to the consumer an additional benefit which exceeds 10 euros, if the amount of the benefit was not advertised in euros;

    (2) from offering to the consumer an additional benefit, if the amount of the benefit is not simultaneously notified in a clear and easily noticeable manner; and

    (3) from using additional benefits in an advertisement in such way that the presentation of the additional benefit dominates the main product. 
  • Legal issue
    The court considered that by emphasizing the additional benefit in the advertisement, the additional benefit dominated the advertisement. This was considered unfair. 
  • Decision

    Is it unfair in an advertisement to emphasize the value of an additional benefit that accompanies the main product?

    URL: http://www.oikeus.fi/markkinaoikeus/48152.htm

    Full text: Full text

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  • Result
    The plaintiff’s request was granted. The court imposed a conditional fine of 50.000 EUR.