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Misleading and Comparative Advertising Directive, Article 3 , Misleading and Comparative Advertising Directive, Article 3 , Misleading and Comparative Advertising Directive, Article 4 , Misleading and Comparative Advertising Directive, Article 4

The Reclame Code Commissie (the Advertising Code Committee) finds that this is a case of comparative advertising, which must meet the (strict) requirements of article 13 of the Dutch Advertising Code. The comparison must not be misleading (among other things). Servero knows that the product of HAK will soon disappear, but nevertheless compares its apple sauce with the old version of HAK without further explanation. Without this explanation, consumers could think that the comparison is correct and up to date and will also apply to new HAK products. Servero should, therefore, have informed consumers that the comparison is only valid for a short period of time. If this is not the case, this is a case of deception and therefore of unlawful comparative advertising.

On YouTube, a video by Servero (a producer of applesauce) was published. A presenter asks passers-by to participate in a taste test. Variant A is Servero’s 100% apple sauce without added sugars. Variant B is a ‘random’ A-brand with a purple lid, which contains ‘no less than seven sugar cubes’. 8 out of 10 tasters appear to find the Servero 100% apple sauce the tastiest. Competitor HAK is not happy with (the outcome of) the taste test. According to HAK, it is obvious that variant B is its HAK apple sauce and the information in the advertisement is not correct as that particular apple sauce had not been produced for some time and will disappear from the market. HAK itself also has a 0% sugar variant and a version that contains only 4 grams per 100 grams of added sugar. Servero knows this because both companies are party to the Agreement on Improvement in Product Composition (Akkoord Verbetering Productsamenstelling). The agreement stipulates that all producers will reduce the quantity of sugar to a maximum of 4 grams. The old variants must be replaced by November 2018.

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