Comparative advertising
LexInter | February 25, 2002 | 0 Comments



“Comparative advertising” was authorized by law n ° 92-60 of January 18, 1992 and is governed by articles L121-8 et seq.  Of the consumer code.

Criticized as a potential unfair competition practice and a means of denigration, comparative advertising has been authorized insofar as it constitutes a means of informing consumers.

Comparative advertising is permitted if it is not misleading or of such a nature as to mislead, if the comparison relates to goods or services meeting the same needs or having the same objective and if it is an objective comparison of the two products.

The ordinance of 23 August 2001 removes the obligation of prior communication of the comparative advertisement in accordance with European law which it ensures the transposition.



the court of appeal, which did not sanction the contested advertisement in so far as it extolled the merits of competition but because it was not fair and truthful in nature, rightly decided that the advertisement placed in artwork by Company C was a faulty comparative advertisement . March 27, 2001

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