Lex Electronics Advertising
LexInter | April 26, 2011 | 0 Comments

Lex Electronics Advertising

CONSUMER CODE (Legislative Part)

Section 1: Advertising

Article L121-1

Any advertising comprising, in any form whatsoever, false or misleading allegations, indications or presentations is prohibited, when these relate to one or more of the following elements; existence, nature, composition, substantial qualities, content of useful principles, species, origin, quantity, method and date of manufacture, properties, price and conditions of sale of goods or services which are the subject of the advertisement, conditions of their use , results that can be expected from their use, reasons or processes for the sale or provision of services, scope of the commitments made by the advertiser, identity, qualities or skills of the manufacturer, resellers, promoters or service providers.

Article L121-2

   The agents of the general directorate of competition, consumption and the repression of fraud, those of the general directorate of food of the ministry of agriculture and those of the metrology service of the ministry of industry are empowered to note, by means of reports, the infringements of the provisions of article L. 121-1. They may require the advertiser to provide them with all the elements necessary to justify the advertising claims, indications or presentations. They may also require the advertiser, the advertising agency or the support manager to make the advertising messages disseminated to them.
The reports drawn up in application of this article are sent to the public prosecutor.

Article L121-3

  The cessation of publicity may be ordered by the examining magistrate or by the court seised of the proceedings, either on request from the public prosecutor or ex officio. The measure thus taken is enforceable notwithstanding all legal remedies. Release can be given by the court which ordered it or which is seized of the file. The measure ceases to have effect in the event of a dismissal or discharge decision.
Decisions ruling on requests for release may be appealed against to the indictment chamber or to the court of appeal depending on whether they were pronounced by an investigating judge or by the court hearing the proceedings. .
The indictment chamber or the court of appeal rules within ten days of receipt of the documents.

Article L121-4

   In the event of a conviction, the court orders the publication of the judgment. He may, moreover, order the dissemination, at the expense of the convicted person, of one or more corrective announcements. The judgment fixes the terms of these announcements and the modalities of their distribution and gives the convicted person a time limit in which to proceed; in the event of failure and without prejudice to the penalties provided for in Article L. 121-7, this dissemination shall be carried out at the behest of the public prosecutor at the expense of the convicted person.

Article L121-5

The advertiser on whose behalf the advertisement is broadcast is primarily responsible for the offense committed. If the offender is a legal person, the responsibility rests with its managers. Complicity is punishable under the conditions of common law.
The offense is established as soon as the advertisement is made, received or perceived in France.

Article L121-6

  Breaches of the provisions of article L. 121-1 are punishable by the penalties provided for in article L. 213-1.
The maximum fine provided for in this section can be increased to 50%. 100 of the advertising expenses constituting the offense.

Article L121-7

  For the application of Article L. 121-6, the court may ask both the parties and the advertiser to provide all useful documents. In the event of refusal, he may order the seizure of these documents or any appropriate investigative measure. He may also impose a fine of up to 30,000 F per day of delay from the date he has chosen for the production of these documents.
The penalties provided for in the first paragraph of Article L. 121-6 are also applicable in the event of refusal to communicate the supporting documents or advertisements broadcast, requested under the conditions provided for in the first paragraph of Article L. 121-2. , as well as in the event of non-observance of the decisions ordering the cessation of advertising or of non-execution within the time limit set for the corrective announcements.

Article L121-8

   Advertising which compares goods or services using either the quotation or representation of the trade mark, trade mark or service mark of others, or the quotation or representation of the company name or company name, trade name or trade name of others is authorized only if it is loyal, truthful and is not likely to mislead the consumer. It must be limited to an objective comparison which can only relate to the essential, significant, relevant and verifiable characteristics of goods or services of the same nature and available on the market. When the comparison is on prices, it must relate to identical products sold under the same conditions and indicate the period during which the prices mentioned as his by the advertiser are maintained. Comparative advertising cannot be based on individual or collective opinions or assessments.

Article L121-9

   No comparison can have as its main purpose to take advantage of the notoriety attached to a mark. No comparison may present products or services such as imitation or replica of products or services bearing a previously registered trademark.

Article L121-10

   For products which benefit from a controlled designation of origin, the comparison is only authorized if it relates to products each benefiting from the same designation.

Article L121-11

   It is forbidden to include comparative advertisements as defined in Articles L. 121-8 and L. 121-9 on packaging, invoices, transport tickets, means of payment or tickets for access to shows. or in places open to the public.

Article L121-12

The advertiser on whose behalf the advertising defined in Articles L. 121-8 and L. 121-9 is disseminated must be able to prove the accuracy of his claims, indications or presentations. Before any broadcast, he communicates the comparative advertisement to the professionals concerned, within a period at least equal to that required, depending on the type of medium chosen, for the cancellation of an advertising order.

Article L121-13

  The insertions made in the press for an advertisement defined in articles L. 121-8 and L. 121-9 do not give rise to the application of article 13 of the law of July 29, 1881 on freedom of the press and of article 6 of law n ° 82-652 of July 29, 1982 on audiovisual communication.

Article L121-14

   Without prejudice to the application of Article 1382 of the Civil Code, breaches of the provisions of Articles L. 121-8 to L. 121-12 are, where applicable, punishable by the penalties provided for, on the one hand, in Articles L. 121-1 to L. 121-7 and, on the other hand, to articles 422 and 423 of the penal code.
A Council of State decree specifies, as necessary, the methods of application of Articles L. 121-8 to L. 121-13.

Article L121-15

(Law n ° 92-1336 of December 16, 1992 art. 322 Official Journal of December 23, 1992 in force on March 1, 1994)

(Law n ° 96-603 of July 5, 1996 art. 33 Official Journal of July 6, 1996)

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