In this framework, the Commission assessed six horizontal consumer and marketing directives: the Unfair Commercial Practices Directive (UCPD), the Sales and Guarantees Directive, the Unfair Contract Terms Directive, the Price Indication Directive, the Misleading and Comparative Advertising
Directive, the Injunctions Directive.
They address copyright, trademarks, design rights, and passing off; legal and self-regulatory frameworks, including consumer protection, privacy, and data protection; issues related to celebrities in advertising, children and advertising, comparative advertising
, defamation and malicious falsehood, the internet, lotteries and prize promotions, music in advertising, price claims and indications, sponsorship and major events, and the use of common, everyday items in ads; industry issues for alcohol, food, gambling, political advertising, and smoking and vaping; and client/agency contracts, pitching, and the production of commercials.
Article 16 also now includes extended wording regarding comparative advertising
including a new definition of the term 'comparative advertising
' itself (i.
Additionally, some uses are permitted under the legal doctrine of "fair use" and may be difficult to challenge, such as news reporting, comparative advertising
, parody, and educational uses.
One of the regulatory matters of interest for the law on unfair competition is that of comparative advertising
The FTC's complaint against NARPM, which represents more than 4,000 real estate managers, brokers, and agents, alleges that NARPM and its members restrained competition in violation of the FTC Act through provisions in its code of ethics that restrict comparative advertising
and solicitation of competitor's clients.
must stop restraining members from soliciting competitors' clients or engaging in comparative advertising
that is not false or deceptive.
In evaluating the substantiation for comparative advertising
claims, it is well settled that the products being compared must be treated equally and tested in the same manner in which the products are directed to consumers and that comparative demonstrations must fairly and accurately reflect the results that consumers typically see and experience when they use and compare the two products.
Companies have been advised to bear in mind the legal implications that may arise out of certain practices dealing with distribution of false information, deception, fine print, disclaimer and qualifications, importance of substantiation of claims, essential terms and conditions, omissions, puffery, price disclosure, comparative advertising
, promotional contents and, telemarketing.
Aldi spokesman Niall O'Connor said: "The effect is consumers can expect and demand clear, transparent and accurate information on comparative advertising
to enable them to make properly informed decisions about what they buy.
To prevent legal vacuums and enforce existing rules, Reding announced that the executive plans to strengthen the directives on misleading and comparative advertising
to ban practices like directory scams.
The UAE consumer protection law also answers to other issues such as unfair terms or violations in consumer contracts, misleading and comparative advertising
, consumer credit, indication of prices, general product safety, injunction, liability for defective products and sale of consumer goods and associated guarantees.