Misleidende reclame
Misleading advertising
Misleading advertising is advertising that misleads or is likely to mislead the average consumer as to the characteristics, price or terms of a product or service. This is prohibited under the Civil Code.
Misleading advertising refers to commercial communications that contain inaccurate or misleading information about a product or service, thereby giving consumers an incorrect impression of reality. This may relate to characteristics, benefits, price or other terms and conditions, and may influence the purchasing decision.
In the Netherlands, misleading advertising is regulated in Book 6 of the Dutch Civil Code, in particular the provisions on unfair commercial practices. In addition, the Dutch Advertising Code serves as a self-regulatory framework within the advertising industry.
The concept is relevant because it protects consumers against deception and ensures fair competition. In practice, the Netherlands Authority for Consumers and Markets (ACM) may take enforcement action, while consumers or competitors may also bring civil claims.
“The court ruled that the advertising statement constituted misleading advertising, as the sustainability claim had not been substantiated with evidence.”
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