The use of a celebrity's lookalike in advertising is allowed if it is clear to the public that it concerns a lookalike, the public will not think that the real celebrity supports the advertiser's products, and no actual damage will occur. This was decided by the Amsterdam Court of Appeal on 2 June 2020 in the case between Max Verstappen and Picnic.
Read MoreIn May 2020, T-Mobile launched the "Break-up Weeks". The playful message: break up with your current telecom provider.
Read MoreTake a good look at those packages with flags and cheerful country colours. They are going to disappear more and more. Why are they disappearing? Strict labelling rules require that a disclaimer be used if the primary ingredient comes from another country than suggested by the texts or symbols on the packaging.
Read MoreMarketing likes to use a general, 'generic' health claim. That sounds better. For example: 'feel fit'. That is possible according to the Claims Regulation, provided that it is accompanied by a specific, authorised health claim (for example: vitamin C contributes to a normal energy balance) But what does 'accompanied by' mean? How close should the specific claim be placed: directly next to it, or somewhere on the same side of the packaging? Can it be on the back??
Read MoreEnzo Knol uploaded a vlog about Boerderij Chips on his Youtube account: Enzo drives to Boerderij Chips in his (pink) Lamborghini, helps loading potatoes, drives the tractor and loses his car keys in a pile of potatoes. Enzo follows the production process from potato to chips, finds back his car keys (although, spare keys), unboxes a box of "Boerderij chips" at home and metions www.boerderijchips.nl
Read MoreWhat do others think? A good review results in good publicity and new customers. In the event of a negative review, customers stay away. Very annoying, especially when those reviews seem false.
Read MoreThe Flower Farm must definitively change its packaging. The deforestation claim on its 'butter without palm oil' is misleading. The Board of Appeal confirmed on appeal that the text on the margarine packaging EAT PLANTS, NOT PALM PLEASE is inaccurate.
Read MoreDynamic pricing policies, scarcity indications, nudging, social proof, dark patterns. There are many tactics out there to influence online buying behavior. Where to draw the line between permissible online persuasion and unlawful commercial practices?
Read MoreEurope is busy. Not only will the rules on advertising change, there will also be new rules on the provision of digital content. Other European directives in the field of consumer protection are being revised. Important news for all companies that sell via the internet or offer apps to consumers. What are the practical consequences for businesses?
Read MoreThe die is cast: European advertising law is going to change. The amendment to the Unfair Commercial Practices Directive was approved by the European Council on 8 November.
Read MoreOn 7 November, the NVWA (enforcer), VWS (legislator), the food industry FNLI, the Consumers' Association and lawyers held talks at the Annual Conference on Food Safety and Integrity. The entire food industry was watching. As a lawyer, I spoke to Inge Stoelhorst of the Ministry of Health, Welfare and Sport in a panel. Later Yvonne Huigen (NVWA) and Marloes Kneppers (FNLI) joined the discussion.
Read MoreOn 6 November 2019, the FTC published a useful brochure: "Disclosures 101 for Social Media Influencers". The brochure clearly explains when and how influencers should make it clear that their social posts are advertising. The FTC emphasizes that it is (also) the responsibility of the influencer to ensure that advertising is recognizable as such.
Read MoreThe month of December is almost upon us again. To show the best you at Christmas dinner or at an old and new party, try to make healthier choices. For example, you choose to eat less meat and replace rusk with the wholemeal variety. What appears? The whole-wheat rusk in your basket does not consist entirely of whole-wheat flour, but also contains other wheat flour. This may make your rusk less healthy than you thought.
Read MoreJohn de Mol and other Dutch celebrities appear against their will (and sometimes without knowing it) in advertisements on Facebook and Instagram for investing in Bitcoins, among others. The advertisements are a complete fraud: De Mol has not given permission for the use of his portrait.
Read MoreThe Flower Farm misleads consumers by saying on its margarine packaging that palm oil destroys tropical rainforest. Furthermore, The Flower Farm is not allowed to say in its TVC that Orangutans are eradicated by palm oil. The Flower Farm’s call that consumers can save up to 30 m2 of rainforest per family by buying and eating The Flower Farm margarine is also misleading and forms a prohibited environmental claim.
Read MoreOn 27 August 2019, the Advertising Code Foundation (SRC) launched a campaign called "#Ad. Recognize the advertising on the Internet". The aim: to underline the importance of transparency around advertising via social media. SRC provides extensive information on the subject on its website, including an advisory tool, a do's & dont's cheatsheet, FAQ's and, to top it all off, a real #Ad toolkit with logos to label advertising on social media, among other things. See: https://www.reclamecode.nl/social/
Read MoreWho doesn't know them, Capri Sun’s iconic standing bags. Since 1969, Capri Sun has been packaging its fruit juices in flexible, aluminium-coloured standing bags. The stand-up bag has many advantages. The material ensures that the fruit juice remains cooled for a long time, the shape makes it easy to carry and prevents spillage. The only disadvantage is that the high functionality of the stand-up bag is precisely a dealbreaker for trademark protection.
Read MoreNitrous oxide is a hot topic at the moment. The street is dotted with cartridges and balloons. Many municipalities have already banned party drugs at certain events and locations. In Amsterdam there is now a real "laughing-gas king" who, with his company, Ufogas, advertises on billboards for laughing-gas balloons. The increasing use of nitrous oxide is controversial.
Read MoreAll of Rembrandt's works of art collected in one museum? It can't be. Everybody knows that, right? Nevertheless, the enormous banner "ALL THE REMBRANDTS UNTIL 10 JUNE 2019" on the facade of the Rijksmuseum gave a visitor the illusion that this utopia had become reality. It turned out that the exhibition contains only the works from the Rijksmuseum's own collection.
Read MoreMedical device advertisements often contain claims about the functioning of the product. The television commercial for A. Vogel Extra Intensive Eye Drops: "Softens your dry eyes. A. Vogel eye drops provides long-lasting wetting and relief." Is it allowed to make that claim?
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