Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6, 1., (b)

Stating that a trader's products are better than those of a competitor, where proof for such allegation is not offered, constitutes a misleading commercial practice.

The defendant was a manufacturer of insulation material made of paper wollen. In a number of commercials, the defendant claimed that its products were environmentally sensitive and recyclable. The defendant also stated that insulation material made of paper wollen was one of the most fire-resistant insulation material products in the market.

Finally, the defendant explicitly mentioned the company of the plaintiff, a competitor, in its marketing material claiming that the plaintiff’s insulation material products were not as good as the plaintiff made consumers believe.  

The court ruled that all the statements were misleading and constituted undue marketing as they were inexact and too one-sided. Thus, so the court held, the statements violated Sections 1 and 3 of the Danish Marketing Practices Act.

With respect to the statement about the plaintiff’s products, the court found that it violated Sections 5 of the Danish Marketing Practices Act and therefore it was an illegal comparative advertisement.  

Does stating that a trader's products are better than those of a competitor, where proof for such allegation is not offered, constitute a misleading commercial practice?

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The plaintiff’s request was granted.