ADVERTISING STATEMENTS ON OSTRON PREPARATION RECOGNISED MISLEADING

The advertising of the preparation Ostron for strengthening of bones and teeth claiming that the product is three times stronger, more efficient and three times less expensive than any other similar product thus emphasising the qualities of the product that are undoubtedly attractive and relevant for the consumers were recognised to constitute misleading advertising. Such resolution was arrived at by the Competition Council having assessed in its meeting the findings of the investigation. It has been established that in addition to the above claims, the information published with the advertising claiming that …. “worldwide Ostron has been recognised as bone and teeth strengthening preparation of especially good composition… Number one“ was also misleading. UAB Getz Medical Baltic which had commissioned the advertising of the Ostron preparation was subjected to a fine of LTL 15 000 for actions contradicting the requirements of Art. 5 of the Law on Advertising. The Company was also obligated to immediately cease the use of the misleading advertising.

The Competition Council started the investigation concerning the advertising of the Ostron product ex officio upon receipt of information from the representative office of the Austrian company Nycomed Osteuropa marketing service GmbH. When requested in the course of the investigation the advertising provider - UAB Getz Medical Baltic failed to produce any evidence substantiating the accuracy of the advertising claims. Therefore consumers searching for a preparation for the strengthening of bones and teeth could be suggested by the advertising that the Ostron product is not only three times as cheap, but also three times more efficient and effective than other analogous preparation. Since one of the most important incentives for the consumer in terms of acquisition of a product or a service is the price and qualities of the product the claims used in the advertising of the product Ostron relating to its price and other advantages could mislead the consumers and could affect their economic behaviour.

The Competition Council in this connection would like to point out that the advertising, provided it is published in accordance with the requirements of the Law on Advertising enhances the awareness of consumers about goods and services and meets the interests of consumers. The Law on Advertising, however, provides for the obligation of the advertising provider to disseminate only accurate and truthful advertising and be in possession of evidence substantiating the accuracy of the advertising claims.