Case law

  • Case Details
    • National ID: 18J/2010
    • Member State: Portugal
    • Common Name:link
    • Decision type: Other
    • Decision date: 08/09/2010
    • Court: Second Section of the ICAP ("Civil Institute for Self-Regulation in Commercial Communication") Jury for Advertising Ethics (Lisbon)
    • Subject:
    • Plaintiff: ANIRSF ("National Association of Manufacturers of Fruit Juices and Soft Drinks")
    • Defendant: FENELAC ("National Federation of Milk Producers’ Cooperatives")
    • Keywords: misleading advertising, product characteristics, self regulatory body
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1.
  • Headnote
    It does not constitute a misleading advertising to claim that soft drinks generally contain "0% milk". Consumers are not misled in relation to any of the characteristics of either milk products or soft drink products by such claim.
  • Facts
    The defendant launched an advertising campaign consisting of a television commercial that informed consumers on the amount of milk present in a number of food and drink products. Among the food products compared was an image of a generic soft drink can while a voice-over announced that it contained "0% milk".

    The plaintiff complained (inter alia) that the defendant was attempting to mislead consumers into thinking that soft drinks have negative characteristics as compared to milk products.
  • Legal issue
    Advertising statements to the effect that "soft drinks" contain "0% milk" are not capable of misleading the average consumer as to the characteristics of either soft drinks or milk
  • Decision

    Is a statement that a particular group of food and drink products does not contain another product, capable of misleading the average consumer as to the characteristics of either group of products?

    URL: http://www.icap.pt/icapv2/icap_site/deliberacao_detalhe.php?AG4JPQ51=ADotela9Xr1&AHAJJg5i=&AGoJNwtela9Xr1tela9Xr1=ADAJag4x

    Full text: Full text

  • Related Cases

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  • Legal Literature

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  • Result
    The plaintiff’s request denied.
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