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Danone S A : Claims In Baby Food Advertising Considered Misleading And Unfair Commercial Practice
|11/25/2020 | 05:16am|
On the 27th of October of 2020, the Advertising Ethics Jury of the Self-Regulating entity was presented with a dispute to decide on the validity of a baby food advertising campaign conducted on the Internet, through websites and social networks, and in supermarkets displays.
The present dispute was between Nestlé
Nestlé argued that the advertising claim where the Portuguese term "orgânico" was being used, mislead the consumer to believe in the organic origin of
However, the Advertising Ethics Jury of the Self-Regulating entity decided in favor of Nestlé since it considered that the use of the term "orgânico" is likely to mislead the consumer as to the organic origin of the product, even though the correspondent term in Portuguese for organic is "biológico". Moreover the Ethic Jury held that "safest food" convey a suggestion of superiority over other product's that shall consist in unauthorized comparative advertising when failing to prove such claim (which was the case). In this sense, the Ethics Jury decided that
This case shows that attention should be paid when using certain expressions that can be considered misleading claims if they are not properly substantiated.
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