Re-use of old awards from the Consumers' Association? It’s allowed
Many manufacturers are thrilled when it turns out that their product has been tested by the Consumers' Association as Best Buy (“Beste Koop”) or Best Tested (“Beste uit de Test”). After payment, they can use the Consumers' Association's figurative trademark in their advertisements. But can you also proudly mention Consumers’ Association awards from the past? Yes, subject to conditions, you can. This question has now been answered by the Board of Appeal of the Advertising Code Committeel.
In 2012 and 2017 Lidl received the Best Buy and Best Tested awards for its W5 dishwasher tablets. In a recent advertisement, Lidl mentioned this by means of a logo, designed by Lidl itself, with a golden crown mentioning the years of the awards. The Consumers' Association was not amused and wanted a ban on any reference to old tests, because they would no longer be up to date. It drew the short straw.
The key question is whether a category of products has been tested again in the meantime. If not, the advertiser may continue to call the predicates Best Buy and/or Best Tested, mentioning the previous year. The Board of Appeal also gives the go-ahead for the award logo designed by Lidl itself, mentioning the years in which it won the awards.
Lidl may also use an asterisk to indicate the year and type of test as a footnote (provided it is in plain language).
And what if, in the meantime, there has been a new round of tests for that category of products in which the Lidl product was been included, as is the case for W5 all-purpose cleaner? Then the reference to an old test will likely be misleading. Nevertheless, the Board of Appeal gives an opening: if it is made clear that there has been a new test round with new other winners, referring to an old test is fine.
A well-balanced decision from the Board of Appeal , which will be of great use in practice. Because Best Tested and Best Buy are and will continue to be great awards.
Ebba Hoogenraad handled this case for Lidl.