Misleading and Comparative Advertising Directive, link

Disclaimers in advertisements that are not realistically legible due to small font or the short amount of time they are displayed do not fulfill legal obligations to provide disclaimers to consumers. In advertisements aimed at a general audience, the advertiser cannot base its advertisement and its disclaimers on the idea that the consumers viewing them will be better informed than the average consumer.

The case concerned the Hungarian competition authority finding that the plaintiff’s advertisement of certain food additives was misleading advertising due to a variety of factors, and also constituted unfair commercial practice. It thus fined the plaintiff in an administrative procedure, the results of which were challenged by the plaintiff in court.

Whether the advertiser sufficiently provided its mandatory disclaimers in its advertisements. Whether the advertiser was correct to assume the audience was more informed than the usual consumer.

The Supreme Court mostly accepted the arguments of the competition authority and the lower courts, ruling that the mandatory disclaimers were not sufficient from a legal perspective, and that the advertiser’s assumption of more informed consumers was contrary to the law.

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The request for legal review of the advertiser was rejected, and the decision of the lower court was upheld.