Jurisprudência

  • Informações sobre o processo
    • ID nacional: ICAP Advertising Ethics Jury, Second Section, Judgement 4J/2009
    • Estado-Membro: Portugal
    • Designação comum:N/A
    • Tipo de decisão: Decisão administrativa, primeira instância
    • Data da decisão: 09/06/2009
    • Tribunal: Instituto Civil de Autodisciplina da Publicidade -“ICAP”
    • Assunto:
    • Requerente: UNILEVER JERÓNIMO MARTINS, LDA.
    • Requerido: PROCTER & GAMBLE PORTUGAL – PRODUTOS DE CONSUMO, HIGIENE E SAÚDE, S.A.
    • Palavras-chave: misleading actions, unfair commercial practices
  • Artigos da diretiva
    Unfair Commercial Practices Directive, Chapter 2, Article 5 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6 Unfair Commercial Practices Directive, link
  • Nota introdutória
    (1) The use of the expression “the product lasts x weeks” in an advertisement campaign shall not be regarded as an unfair or misleading commercial practice, provided that it does not include false information;
    (2) The exaggeration of the size of a product in an advertising campaign shall not be regarded as a misleading commercial practice when it is clear that it was based on the freedom of artistic creation;
    (3) An advertising campaign that compares a product with the ones marketed by the relevant competitors shall be regarded as an unfair and misleading commercial practice provided that it is not possible to prove the veracity of the information herein.
  • Factos
    The plaintiff claims that the defendant initiated an advertisement campaign for the sale of a dishwasher product which included the expression “the product lasts x weeks”.The plaintiff also claims that the size of the product is exaggerated and that the product is compared with the ones marketed by the defendant’s competitors. The plaintiff claims that all the foregoing constitutes unfair commercial practices.
  • Questões jurídicas
    (1) Shall the use of the expression “the good lasts x weeks” in an advertising campaign be regarded as an unfair and misleading commercial practice?
    (2) Shall the exaggeration of the size of a product in an advertising campaign be regarded as a misleading commercial practice?
    (3) Shall an advertising campaign that compares a product with the ones marketed by the relevant competitors be regarded as an unfair and misleading commercial practice?
  • Decisão

    (1) The court has considered that the use of the expression “the good lasts x weeks” in an advertising campaign should not be regarded as an unfair or misleading commercial practice, in accordance with article 5 Directive 2005/29/EC (implemented into Portuguese law by article 5 Decree-Law No. 57/2008 of 26 March 2008) and article 6 Directive 2005/29/EC (implemented into Portuguese law by article 7 Decree-Law No. 57/2008 of 26 March 2008). This was based on the fact that there was independent technical data and scientific data proving the veracity of the information. Furthermore, the campaign included the disclaimer “may vary based on consumer’s habits”.
    (2) The court has considered that the exaggeration of the size of the product in the advertisement campaign should not be regarded as a misleading commercial practice because it was clear that the use of the same was based on the freedom of artistic creation. Therefore, this should not be regarded as a misleading commercial practice, in accordance with article 6 Directive 2005/29/EC (implemented into Portuguese law by article 7 Decree-Law No. 57/2008 of 26 March 2008).
    (3) The court has considered that the fact that the advertising campaign compares the product with the ones marketed by the defendant’s competitors should be regarded as an unfair and misleading commercial practice, in accordance with article 5 Directive 2005/29/EC (implemented into Portuguese law by article 5 Decree-Law No. 57/2008 of 26 March 2008) and article 6 Directive 2005/29/EC (implemented into Portuguese law by article 7 Decree-Law No. 57/2008 of 26 March 2008), as the defendant was not able to prove the veracity of the information.

    URL: http://www.icap.pt/icapv2/icap_site/deliberacao_detalhe.php?AG4JPQ51=ADotela9Xr1&AHAJJg5i=&AGoJNwtela9Xr1tela9Xr1=ADAJYA4x&AGIJPQ5v=ADEJYw4wVmMtela9Xr1

    Texto integral: Texto integral

  • Processos conexos

    Sem resultados disponíveis

  • Bibliografia jurídica

    Sem resultados disponíveis

  • Resultado
    The court decided partially in favour of the plaintiff.