Teismų praktika

  • Bylos aprašymas
    • Nacionalinis numeris: Supreme Administrative Court, Judgement eA-176-822/2020
    • Valstybė narė: Lietuva
    • Bendrinis pavadinimas:N/A
    • Sprendimo rūšis: Administracinis sprendimas apeliacinėje byloje
    • Sprendimo data: 30/09/2020
    • Teismas: Lietuvos vyriausiasis administracinis teismas
    • Tema:
    • Ieškovas:
    • Atsakovas:
    • Raktažodžiai: misleading advertising
  • Direktyvos straipsniai
    Misleading and Comparative Advertising Directive, Article 2, (b) Misleading and Comparative Advertising Directive, Article 3 Misleading and Comparative Advertising Directive, Article 3
  • Įžanginė pastaba

    An advertisement where a food is advertised as having certain special characteristics when in fact such characteristics are common in all similar products should be regarded as misleading.

  • Faktai

    The State Consumer Rights Protection Authority of Lithuania fined UAB “Krekenavos agrofirma” for advertising meat products as “meaty”. The State Consumer Rights Protection Authority noted that even though the company's meat products with the tag “meaty” had a higher total percentage of meat compared to other same category products that the company sold, compared to other groups of meat products in the same category sold by other companies, it actually had the same or lower total percentage of meat. The company appealed the ruling. The First Instance Court dismissed the action.

  • Teisės klausimas

    Should an advertisement where a food is advertised as having certain special characteristics when in fact such characteristics are common in all similar products, be regarded as misleading?

  • Sprendimas

    In the present case, it should be noted that the plaintiff did not use the conflicting sign “meaty” to provide information on any products, but specifically on meat products, so an average consumer might have considered that those signs may indicate the presence of certain ingredients (in this case meat) in the product. According to the data provided in the case, the fact that the sign “meaty” emphasises higher content of meat in the products was acknowledged by the company itself, which further emphasised that it started distributing the meat products in dispute in 2012 when other products of the same type did actually contain less meat than those of the plaintiff. As mentioned above, the fact that a food has certain special properties, when in fact such properties are common in all similar products, is sufficient to conclude that the information provided about the food is misleading, i.e., that such advertising is prohibited under Article 14 (1) (2) of the Law on Advertising.

    In the context of the case, in order to inform the consumer that a premium product contains more than the statutory minimum protein or fat, the manufacturer may indicate the percentage of these substances in the contents table of the product. According to the panel of judges, the sign “meaty” does not provide any clear and objective information about the food, but rather undermines the clarity of the mandatory food information, which, as mentioned, misleads consumers.

    URL: https://eteismai.lt/byla/72741975643183/eA-176-822/2020

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  • Rezultatas

    The Court left the decision of the First Instance Court unchanged.