Misleading and Comparative Advertising Directive, Article 4, (c)

If the advertiser compares products of different sized packaging during a test that is intended to prove the better durability of his product, and also shows those different sized packaging in the advertisement, such fact by itself does not violate the objectivity requirement of comparative advertising.

Based on a notification, the Competition Authority initiated an official procedure against the defendant regarding a possible infringement of comparative advertising regulations. The defendant compared his toilet refresher block product with a similar competitor product in comparative advertising TV spots and website posts.

However, during the test on which the comparison is based, the defendant compared products with different sized packaging, and also showed the products with different sized packaging during the commercial. The comparison had been intended to show the better durability of the defendant's product. The Competition Authority investigated whether this fact by itself violates the objectivity requirement of comparative advertising.

In its decision the Competition Authority held that the advertisement compares replaceable products, and may not be considered deceptive, and the infringement of the objectivity requirement may not be determined. Therefore, the Competition Authority terminated the investigation against the defendant.

Is the objectivity requirement of comparative advertising violated if the advertiser compares products of different sized packaging during a test that is intended to prove the better durability of his product, and also shows those different sized packaging in the advertisement?

In its decision the Competition Authority stated that since both products were toilet refresher blocks, they may be considered replaceable products, and that the inspected advertisements had not indicated any kind of positive characteristics of the defendant's product compared to the competitor product that had not been demonstrated by the prior tests. Therefore the objectivity requirement had not been violated.

URL: http://gvh.hu//data/cms1033719/Vj086_2015_v.pdf

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The Competition Authority terminated the investigation against the defendant.