THE PHARMACY FINED FOR MISLEADING ADVERTISING

The meeting of the Competition Council examined the findings of the completed investigation concerning the compliance of the advertising statement „the cheapest medicines in Vievis“ with the requirements of Article 5 of the Law on Advertising and passed the appropriate decision. The Competition Council acknowledged that the advertising statement under examination used in the window shop of the pharmacy Gintarinė vaistinė, the Vievis-based branch of the pharmacy UAB Gintarinė grupė was misleading. Acting in accordance with the requirements of the Law on Advertising, the Competition Council obligated the company to immediately cease the use of the misleading advertising, if it was still used and imposed a fine in the amount of LTL 1,000 upon the pharmacy UAB Gintarinė grupė for the infringement of the Law on Advertising.

In the course of the investigation conducted by the Competition Council it has been established that the advertising statement „the cheapest medicines in Vievis“ was misleading the consumers concerning the possibility to acquire the medicines at lowest prices specifically in the Gintarine vaistinė pharmacy thus affecting the decisions and choices of the consumers related to the selection of the specific pharmacy. The pharmacy UAB Gintarinė grupė failed to substantiate the correctness of the advertising statement “the cheapest medicines in Vievis“ i.e., failed to produce any evidence supporting the statement to the effect that the pharmacy was exactly the place for the cheapest medicines in Vievis. The pharmacy indeed was applying discounts to medicines, but only in case a customer could prove that any medicine in other pharmacy in Vievis was cheaper than in the pharmacy Gintarinė vaistinė. The statement was misleading because in Gintarinė vaistinė the customers could acquire the medicines at lower price only where upon reading the information leaflets and having found out of the possibility to obtain an additional discount, could produce the necessary evidence, i.e., the cash receipt or a valid price-list of another pharmacy in Vievis.