The court, in a short reasoning, held that it was established that the information provided by plaintiff was not based on clinical tests or approved medical research.
When making quality claims as in this case, the court held, the plaintiff must bear all test results, certifications, permits, etc. proving the alleged effects at the time of providing the information to the consumers, not thereafter.
As it was established that at the time of the advertisements the plaintiff did not possess such proof to substantiate its claims, the court held that it has breached the prohibition on unfair commercial practices.
URL: http://www.gvh.hu/domain2/files/modules/module25/17516F2E55179F76C.pdf
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