The Council noted that the wording used in the defendant’s advertisement, indirectly suggests that the cream is able to cure illnesses. Such an impression, the Council held, is strengthened by the reference “is recommended by doctors”, as an average consumer links a doctor’s recommendation with the use of medicines rather than cosmetics.
However, it was found out that the cream was not approved as a medicine by a competent public authority and, thus, there was no official document proving its ability to cure illnesses.
The Competition Council further referred to the Lithuanian Law on Advertising pursuant to which an advertisement is in all circumstances regarded as misleading if it falls within the misleading part of the blacklist.
URL: http://www.konkuren.lt/index.php?show=nut_view&nut_id=1110
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