THE ADVERTISING STATEMENT ON THE HEALING PROPERTIES OF THE CREAM RECOGNISED MISLEADING

Having assessed the findings of the completed investigation the Competition Council recognised as constituting misleading advertising the statements concerning the healing properties of cream “Sudocrem“, used for preventing and soothing nappy rash for babies. The Competition Council resolved an infringement of Article 5 of the Law on Advertising committed by Miečys UAB that in a range of means of communication – leaflets, specialised magazines “Mamos žurnalas“, “Tavo vaikas“ and their appendices was publishing a number of advertising statements claiming, for example, “Sudocrem – for rapid healing...“, “Sudocrem. Meets your highest expectations: characterised by healing properties...“, “Sudocrem. Has healing properties ...“ and other, in their essence similar statements. For the use of misleading advertising Miečys UAB was sanctioned by the Competition Council to a fine of LTL 9,400, in addition the company was obligated to terminate the use of misleading advertisements.

The Competition Council initiated the investigation on the basis of the information provided by the State Public Health Service under the Ministry of Health of the Republic of Lithuania. The investigation established that the advertising statements declaring the healing properties of the cream “Sudocrem“ are incorrect and may grossly mislead consumers when taking a decision to acquire the cream as having the healing properties, as Miečys UAB acting as a distributor of “Sudocrem“ cream in Lithuania failed to present any evidence supporting the advertising statements used by the company. Besides, the cream is registered in Lithuania as cosmetics good and included into the list of cosmetics articles.

The Competition Council duly considered that even in the course of the investigation the company, in an attempt to avoid misleading the consumers, took the appropriate actions to cease the infringement of the Law on Advertising.