Advertising law

For the message

Advertising law covers a wide range of topics. It can concern misleading statements, incorrect comparative advertising, controversial advertising slogans or sponsorship in radio or television formats (what is still allowed?). Advertising law also concerns trademarks, jingles and design rights.

In addition to copyright, there are also regulations on “unfair commercial practices” (UCP). The slogan register is sometimes also relevant. This is not a legal register.

What does “unfair commercial practices” entail?

“Unfair commercial practices” are actions by a company towards consumers that are misleading or aggressive and that influence the economic behaviour of the consumer. This can also include conduct that is contrary to professional diligence. In such cases, the law offers consumers strong protection. For entrepreneurs, there is therefore one golden rule: transparency and honesty are not only good for business, but also required by law. Do you have doubts about your working methods? Have them checked and avoid problems later on.

Advertising law can also touch on the tension between freedom of expression and the content of an advertisement (“good taste”) and can be dealt with by the Advertising Code Committee and the Appeals Board. Advertising law is also referred to as advertising law.

This is important for advertising agencies and their clients who are in competition with each other. What is and is not allowed? We advise on this subject on the basis of, among other things, EU Directive 2005/29. This may concern “claims” about the health or safety of products (“light”) in connection with, for example, the Commodities Act or pharmaceutical regulations. Where food is medicalised and a painkiller becomes a sweet, advice on advertising law is appropriate. Advice on designation of origin, geographical origin and sponsorship also comes into play here. An example: can cheese be called “blue Danish” when the milk and the process are not Danish, as the name suggests? The origin does not coincide with the geographical origin… so… it is not allowed.

Are advertising law and advertising rights the same thing?

Advertising law and advertising rights are often used interchangeably in practice, but legally speaking, we mean the same area of law: the rules that determine what companies can and cannot communicate in their advertising. This concerns honest, verifiable and non-misleading information for consumers and business customers. Whether it’s a radio commercial or an influencer post, advertising law applies wherever you advertise. The term “advertising law” is slightly more widely used, but legally the differences are negligible.

How is it determined whether an advertisement is misleading according to advertising law?

Whether an advertisement is misleading is assessed from the perspective of the average consumer. The question is: does it give them an incorrect or incomplete picture that causes them to make a different decision than they would otherwise have made? This can be due to incorrect information, but also to the omission of essential details or the use of vague claims such as “the best” or “100% natural” without substantiation. Visual elements also play a role. The Netherlands Authority for Consumers and Markets (ACM) and the Advertising Code Committee weigh all these factors together. So always be complete, verifiable and specific in your communications.

For legal advice about your advertising or that of a competitor, please contact the solicitors at Fruytier Lawyers in Business.