COMPARATIVE & MISLEADING CASE PRACTISE Flashcards
(4 cards)
A toothpaste ad claims: “Better than Brand X at removing stains!” but doesn’t prove it.
👉 Legal or illegal?
Issue: Unproven comparison
Rule: Article 4(c): must compare features that are objective & verifiable
Conclusion: Illegal – it’s comparative advertising without evidence.
Q (Front):
An ad says: “The only antivirus certified by the EU!” — but no such EU certification exists.
👉 Legal or illegal?
Issue: Misleading claim about approval
Rule: Article 3 – misleads on product features or advertiser’s rights
Conclusion: Misleading advertising – illegal.
Q (Front):
A coffee brand uses a slogan: “Unlike BlandBrew™, we roast fresh beans daily.”
👉 Is this allowed?
Issue: Naming a competitor
Rule: Article 4(d–f): must not discredit or take unfair advantage
Conclusion: Allowed if true, respectful, and objectively verifiable.
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?
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.