COMPETITION COUNCIL INVESTIGATES ALLEGEDLY MISLEADING ADVERTISING OF OMEGAMARINE FORTE+

On 4 February, the Competition Council (the Council) opened an investigation concerning the advertisement of OmegaMarine Forte+ compliance with the requirements of the Law on Advertising.

In the course of investigation the Council will evaluate whether the advertisement by UAB Natural Pharmaceuticals, wherein the food supplement OmegaMarine Forte+ is advertised as free of any charges and only for a limited period.

The opening of an investigation indicates that there are grounds for a suspicion of an infringement; however, it does not mean that the infringement does exist.

Notes

(1)Advertising shall in all circumstances be regarded as misleading if it contains the attributes of misleading commercial practice established in subparagraph 18 of Article 7 of the Law on Prohibition of Unfair Business-to-Consumer Commercial Practices, i.e. describing a product as “gratis”, “free” or similar if a consumer has to pay anything other than the unavoidable costs related to acquisition, collecting or paying for delivery of the product.

(2) Advertising shall in all circumstances be regarded as misleading if it contains the attributes of misleading commercial practice established in subparagraph 7 of Article 7, i.e. false claiming that a product will only be available for a very limited time, or that it will only be available on particular terms for a very limited time, in order to elicit an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice.