THREE ADVERTISING STATEMENTS RECOGNISED MISLEADING BY THE COMPETITION COUNCIL

THE ADVERTISING OF UAB MEDIA INCOGNITO WAS MISLEADING CONSUMERS

Having assessed the findings of the completed investigation concerning the compliance of the advertising by UAB Media Incognito with the requirements of the Law on Advertising, the Competition Council recognised certain statements in the advertising of the company to constitute misleading advertising. The Competition Council imposed a fine of LTL 3,000 upon the infringing UAB Media Incognito which was also obliged, in an established manner, to disclaim the incorrect statements that have been misleading consumers.

It has been established that UAB Media Incognito since May 2007, while advertising the movie DVDs in the internet websites www.obuolys.lt and www.music.lt has been using the advertising statement “Buy any movie DVD cheaper at www.level.lt“, while in the internet website  www.level.lt it indicated „the price elsewhere“ and “Save“. The advertising statements suggested that at website www.level.lt a DVD of any movie was available cheaper, besides, the statement contained a reference to the prices of DVDs in other places with a indication of savings by buying DVDs in this internet website. It was established that such actions of UAB Media Incognito were misleading the consumers and were affecting their economic behaviour, since at the time of the publication of the advertising Media Incognito internet website was not actually offering the lowest DVD prices. Price is one of the most important criteria for the consumer‘s choice of goods and services, therefore referring to the advertising statement "Get a DVD of any movie at www.level.lt“ the customer could reasonably expect that when buying the DVDs while using the services of the website they will be paying the lowest price in comparison with other DVD sale points.

The Competition Council initiated the investigation on the basis of a complaint filed by UAB Real Experts.

AN INCOMPLETE ADVERTISING ON DISCOUNT WAS MISLEADING

Acting in accordance with the provisions of the Law on Advertising the Competition Council recognised as misleading the advertising statements published by UAB Pramogų planeta concerning the discounts for tickets to the event „Scorpions World Tour 2007“. UAB Pramogų planeta was sanctioned by a fine of LTL 1,000 for the use of misleading advertising.

The investigation was initiated in response to the complaint of a consumer. It has been established that starting from 1 March 2007, the company was publishing the advertisement in the press indicating that the  „Laisvalaikio“ club discount card entitles to a 15 percent discount to the event  “Scorpions World Tour 2007“. However, the advertising provided some incomplete information since it omitted a note that the discount was available only starting from 9 March 2007. Thus the consumer was misinformed as he could reasonably expect that the “Laisvalaikio” club card entitled to a 15 percent discount immediately starting from 1 March 2007.

THE ADVERTISING ABOUT THE HANDBAG-PRIZE RECOGNISED MISLEADING

The Competition Council recognised the advertising by AB Vilniaus kailiai published in the magazine Moters savaitė as misleading. The advertisement claimed: AB Vilniaus kailiai presents as a gift a stylish ladies’ or men’s handbag (at your choice), also the statement “Stylish leather handbags-prizes to our readers”. For this misleading advertising UAB Vilniaus kailiai was sanctioned by a LTL 3,000 fine and was obligated to cease the use of the misleading advertising.

The investigation was initiated on the basis of a complaint filed by a consumer. Upon the completion of the investigation it was established that starting from 2002 the magazine was publishing a ad of AB Vilniaus kailiai claiming that a winner of the game (the one who solved the crossword) was, every week, presented a stylish ladies’ or men’s handbag (at one's choice). One magazine reader successfully solved the crossword, became a winner of the contest and was awarded by the magazine  Moters savaitė a letter on the stylish handbag given as a gift. However, after the winner arrived to Vilniaus kailiai store and selected a handbag she was explained that the prize constituted only a LTL 100 discount from the price of the selected handbag. Since the advertising of the prize targeting the magazine readers omitted an important information which was required in order to avoid misleading of the consumers the readers of the magazine could have reasonably expect that having successfully solved the crossword in the magazine Moters savaitė they became entitled to the prize indicated and that no additional payment will be charged for the handbag of their selection.