PLASTIC WINDOWS ADVERTISING STATEMENTS – MISLEADING

In its meeting the Competition Council examined the findings of the investigation the purpose whereof was to assess the compliance with the provisions of the Law on Advertising of the statements promoting “Royal Europa” plastic windows and passed the decision in respect of the advertising disseminated by UAB Pergesas. The advertising statements “Don’t be suicidal! Take the non-toxic “Royal Europa” windows. The plastic profiles of “Royal Europa” windows are free from any lead or cadmium harmful to your health and environment”. The Competition Council imposed upon UAB Pergesas a fine in the amount of LTL 12,000 for the use of the misleading advertising and obligated the company to cease the usage of the advertising statements that had been recognised as misleading.

The investigation was started upon a request of the Household Consumer‘s Association. The investigation revealed that in the period from 2 May 2006 until 28 September 2006 UAB Pergesas in a number of dailies, publications and flyers was promoting its production by using an advertising statement: “Don’t be suicidal! Take the non-toxic “Royal Europa” windows. The plastic profiles of “Royal Europa” windows are free from any lead or cadmium harmful to your health and environment”. The statement was accompanied with a picture of the male with his eyes closed and pointing a gun to his temple. It was concluded that this ad constituted a misleading advertising since the mode of its presentation was suggestive that all plastic windows whose profiles contained any lead or cadmium are harmful to human health and environment. The chemical elements contained in the plastic profiles of windows are harmless to human health and environment provided that the emissions of such elements do not exceed the limits established in the legal acts of the European Union and the Republic of Lithuania.