ARTICLE
16 March 2020

Claim In Baby Product Advertisement Challenged

GA
Global Advertising Lawyers Alliance (GALA)
Contributor
With firms representing more than 90 countries, each GALA member has the local expertise and experience in advertising, marketing and promotion law that will help your campaign achieve its objectives, and navigate the legal minefield successfully. GALA is a uniquely sensitive global resource whose members maintain frequent contact with each other to maximize the effectiveness of their collaborative efforts for their shared clients. GALA provides the premier worldwide resource to advertisers and agencies seeking solutions to problems involving the complex legal issues affecting today's marketplace.
On the 28th of February, 2020, the Portuguese Self-Regulation Appeal Commission was presented with a dispute to decide on the validity of claim concerning a baby product advertisement.
Portugal Media, Telecoms, IT, Entertainment
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On the 28th of February, 2020, the Portuguese Self-Regulation Appeal Commission was presented with a dispute to decide on the validity of claim concerning a baby product advertisement.

The dispute was between MEDINFAR CONSUMER HEALTH – Produtos Farmacêuticos, Lda. ("MEDINFAR"), FARMINVESTE – Investimentos, Participações e Gestão, S.A, ("FARMINVESTE"), as first defendant and BAYER Portugal Lda. ("BAYER"), as second defendant. MEDINFAR considered the expression "contains no zinc oxide" could disrespect the principle of truthfulness, as it would suggest that a legal ingredient of the product could harm or danger consumers as it was accompanied by a claim stating "lets the skin breathe".

In its turn, FARMINVESTE and BAYER argued that the expression "contains no zinc oxide" was a true statement to inform that the product does not have that ingredient. Furthermore, the expression "lets the skin breathe" is only a consequence of the absence of that ingredient. At first instance, the Advertising Ethics Jury of the Self-Regulating entity decided in favour of the defendants, because it considered that the expression was limited to conveying to the public a real and verifiable fact.

On appeal, the Appeal Commission again decided in favour of the defendants, since it considered that the expression used in the claim used was objective, without any connotation whatsoever, meaning that it does not infringe the principle of truthfulness.

This case shows the importance and care one should take in reviewing product claims, ensuring their objectiveness.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
16 March 2020

Claim In Baby Product Advertisement Challenged

Portugal Media, Telecoms, IT, Entertainment
Contributor
With firms representing more than 90 countries, each GALA member has the local expertise and experience in advertising, marketing and promotion law that will help your campaign achieve its objectives, and navigate the legal minefield successfully. GALA is a uniquely sensitive global resource whose members maintain frequent contact with each other to maximize the effectiveness of their collaborative efforts for their shared clients. GALA provides the premier worldwide resource to advertisers and agencies seeking solutions to problems involving the complex legal issues affecting today's marketplace.
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