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Misleading and
Comparative
Advertising
What is misleading
advertising?
Any advertising which, in
any way, either in its
wording or presentation:
- deceives or is
likely to deceive
the persons to whom
it is addressed or
whom it reaches.
- by reason of its
deceptive nature,
is likely to affect
their economic
behaviour.
- or for those
reasons, injures
are likely to
injure a
competitor.
What is comparative
advertising?
Any advertising, that
explicitly or by
implication, identifies a
competitor or goods or
services offered by a
competitor.
Legislation
The Directives on
Misleading and
Comparative Advertising
aim to protect not only
consumers but also
competitors and the
interest of the public in
general against
misleading advertising
and its unfair
consequences.
The Unfair Commercial
Practices Directive
(UCP) was adopted on 11
May 2005. This directive
regulates commercial
practices business to
consumers(B2C). The rules
on misleading advertising
in this directive will
replace the B2C rules in
the Misleading
Advertising Directive.
The UCP shall be
implemented in Member
States by 12 June 2007
and applicable by 12
December 2007.
How to control
misleading advertising
and comparative
advertising?
National rules may allow
persons or organisations
with a legitimate
interest in prohibiting
misleading advertising,
or controlling
comparative advertising,
to take legal action
and/or go before an
administrative authority.
Consumers should check
which system (judicial or
administrative) their
national authorities have
chosen.
The national courts or
administrative
authorities have enough
power to order
advertising to cease,
either for a certain
period or definitively.
They can also order its
prohibition if the
advertising has not yet
been published, but
publication is imminent.
A voluntary control by
the national
self-regulatory bodies
can also be carried out.
Advertisers should always
be able to justify the
validity of any claims
they make. Therefore
advertisers (not
consumers) should provide
evidence of the accuracy
of their claims.
Report
from the Commission to
the Council and the
European Parliament on
Consumer Complaints in
respect of Distance
selling and comparative
advertising, 10 March
2000            (170KB)
Directive 97/55/EC of
European Parliament and
of the Council of 6
October 1997 amending
Directive 84/450/EEC
concerning misleading
advertising so as to
include comparative
advertising
Council Directive of
10 September 1984
relating to the
approximation of the
laws, regulations and
administrative provisions
of the Member States
concerning misleading
advertising (84/450/EEC)
- consolidated version
Directive 89/552/EEC
as amended by Directive
97/36/EC concerning the
pursuit of television
broadcasting activities
(Television without
frontier)
Directive 2000/13/EC
of the European
Parliament and of the
Council of 20 March 2000
on the labelling,
presentation and the
advertising of foodstuffs
See also
Directorate-General
Internal Market on
Commercial
communications
EC Consumer Law Compendium: a Comparative Analysis and a database of the EU Consumer Law Acquis
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