COMPARATIVE & MISLEADING CASE PRACTISE Flashcards

(4 cards)

1
Q

A toothpaste ad claims: “Better than Brand X at removing stains!” but doesn’t prove it.
👉 Legal or illegal?

A

Issue: Unproven comparison

Rule: Article 4(c): must compare features that are objective & verifiable

Conclusion: Illegal – it’s comparative advertising without evidence.

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2
Q

Q (Front):
An ad says: “The only antivirus certified by the EU!” — but no such EU certification exists.
👉 Legal or illegal?

A

Issue: Misleading claim about approval

Rule: Article 3 – misleads on product features or advertiser’s rights

Conclusion: Misleading advertising – illegal.

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3
Q

Q (Front):
A coffee brand uses a slogan: “Unlike BlandBrew™, we roast fresh beans daily.”
👉 Is this allowed?

A

Issue: Naming a competitor

Rule: Article 4(d–f): must not discredit or take unfair advantage

Conclusion: Allowed if true, respectful, and objectively verifiable.

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4
Q

A sports shoe company releases an ad saying:

“Unlike Speedster™, our soles are built for real athletes.”
They use the Speedster™ logo and show a broken shoe with a similar design.

👉 What unfair practices might apply?

A

Issue: Comparative ad attacking competitor

Rules:

Article 4(d): discredits competitor

Article 4(g): suggests imitation

Article 4(h): causes confusion

Conclusion: This is illegal comparative advertising — it violates multiple conditions by disrespecting, confusing, and imitating the competitor.

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