EU: Comparative Advertising Rules Agreed

The European Parliament has adopted a compromise agreement on the Council Comparative Advertising Directive. Ria Oomen-Ruijten MEP (NL, EPP), rapporteur for the Parliament’s position, emphasised the need for harmonisation to protect consumers. She said that the new agreement lays down rules that will assist consumers by insisting on objective information in the ads. While comparisons with competitors can be made, misleading claims are ruled out. The agreement also rules out the practice of using similar names to widely-known major brands. The final text defines comparative advertising as that which refers implicitly or explicitly to a competitor or to goods or services offered by a competitor. It can be authorised provided that it is not misleading, takes account of objectively comparable goods and services, does not give rise to confusion on the market, does not discredit or denigrate a competitor, and does not address goods or services that are reproductions or imitations of protects names and trade marks.