LITHUANIAN SUPREME ADMINISTRATIVE COURT: ADVERTISING BY JSC STUDIO MODERNA WAS NOT MISLEADING

On 11 July, Lithuanian Supreme Administrative Court (the Court) ruled that the advertisement wherein Dormeo mattresses (Dormeo Renew Silver Clima and Dormeo Renew Silver Clima Plus) were claimed to contain silver, did not deceive consumers. The Court repealed the Competition Council’s (KT) decision whereby JSC Studio Moderna was fined 48,000 LTL for misleading advertising.

During the investigation, the KT took into consideration all the possessed evidence including results of the research conducted by the State Non Food Products Inspectorate under the Ministry of Economy. The aforementioned research showed that no silver in the mattresses was found.

The Court highlighted the importance of the supporting evidence possessed by the advertiser at the time of advertising. The Court held that the data possessed by JSC Studio Moderna at the time of advertising were sufficient enough.