„DIRECT BEST SELLERS“ SUBJECTED TO A LTL 21,000 FINE FOR MISLEADING ADVERTISING

The Competition Council having examined the findings of the completed investigation passed the decision concerning the advertising statements used by UAB Direct Best Sellers. For the infringement of the Law on Advertising – the publication of misleading advertising statements about the weight-loss preparation Removyl the Competition Council subjected UAB Direct Best Sellers to a pecuniary sanction in the amount of LTL 21,000, also obligated the company to immediately cease the usage of the misleading advertising statements and issue a corrective statement in respect of the advertising concerned. When imposing the fine the Competition Council also took in account the aggravating circumstances: UAB Direct Best Sellers failed to submit to the Competition Council the material required thereby for the performance of the investigation and thus impeded the investigation.

One of the areas of the activity that the company Direct Best Sellers is engaged in is the marketing by mail of food supplements intended for the regulation of the body weight and other preparations used for the improvement of the bodily forms. The Competition Council recognised as misleading the advertising statements used by the company in certain publications such as the magazine TV Arena advertising the weight-loss preparation Removyl. In particular, as misleading were assessed the specific statements in an attractive manner stating that the preparation Removyl helps loose an established number of kilograms within a certain period of while eating whatever desired, and no efforts, or any other medicines… All one needs to do is just to put a pill of Removyl under the tongue every morning and the weight will decrease by 1 kg per day. Thus it is quite possible to loose 4-5 kg in less than a week and the weight will continue to decrease until the ideal weight and the ideal figure are reached. The consumers, depending on the weight-loss program selected, were offered to order by the telephone indicated in the ad the pills of Removyl, respectively, for LTL 76, 109, 149 and 187, in addition paying the LTL 25 delivery charge. The advertising claimed the guarantee not only of the ideal weight and the ideal figure – the consumers were promised that they will never recover the weight again, the body weight will get fully stabilised and they will fully regain their joy of life… These and similar statements were recognised to constitute misleading advertising.

The Competition Council concluded that the advertising statements recognised by the authority as misleading could facilitate the opinion of a regular consumer that the loss of weight due to the use of the preparation is a general rule. Besides, the consumers were of course being tempted by the fact that did not have to limit themselves in any way – no additional efforts of sticking to a diet or exercising required. The method of the presentation of the advertising statements could have mislead a numerous consumers suffering from considerable overweight and have an impact upon their economic behaviour when acquiring the preparation Removyl being advertised.