Article 10 - Rules related to misleading and comparative advertising
(1) An advertisement may not be misleading. When examining whether an advertisement is fit for misleading, the advertisement must be considered by its overall effect.
(2) An advertisement is deemed suitable for being misleading, when it misleads or might mislead a reasonably informed consumer acting with the care and consciousness as may be expected under the premises. The advertisement shall not be and cannot operate as a substitute for the briefing on and acknowledgement of the conditions of sale and contracting terms of rendering the services.
(3) In connection with the enforcement of the Code’s fundamental principles, for certain consumers in danger of abuse, special protection shall be provided (e.g. consumers vulnerable due to their age or disability).
(4) In advertising of a new product or service or in advertising a product or service which has been significantly changed, the denotation of "new" may only be featured for a reasonable period compared to lifecycle of the product or service. After the halt of the new product’s advertising campaign, in the new or re-launched campaign the expression ‘new’ cannot be used.
(5) Advertising claims - data and facts - referring to important characteristics of the product shall be valid and the substantiation should be supported by impartial professional examination.
(6) The substantiation of the claims should be available from the beginning of the campaign, so that evidence can be produced without delay and upon request to the self-regulatory organizations responsible for the implementation of the Code.
(7) An advertisement should not misuse research results or quotations from technical and scientific publications. Advertising should not use scientific terminology or vocabulary in a misleading way, and so to suggest that a product claim has scientific validity. Pseudo scientific or confusing word usage shall be avoided. In case the usage of a scientific notion is justifiable, it must be clear and unambiguous.
(8) Advertising can be based on market research data if the research was made by scientific methodology, professional diligence.
(9) Reference to a testimonial, approval or other supporting document can be included in the advertisement as if it is true, justifiable, relevant and timely.
(10) An advertisement message presented as a consumer opinion is part of the advertisement and can only be evaluated as such. The unique consumer opinion as part of the advertisement cannot in itself be accepted as a substantiation of the advertisers claim. Advertiser is responsible for providing that the consumer opinion presented in the advertisement shall in all respects comply with the regulations of the Code.
(11) In advertising a product or service, where, as a result of the selling method, the consumer makes a decision exclusively on the basis of the advertising (e.g. mail order, online sale), the advertiser must take particular care to ensure that information is both accurate and detailed.
(12) If a commercial advertisement makes reference to the fact that the purchasing of the advertised product or service is in the public interest or is for a charitable purpose, it must provide unambiguous information on the ratio of the income that is allotted to the identified purpose by the advertiser.
(13) In case of a business advertisement linked to a charity purpose, the advertiser shall prove that the donation actually took place.
(14) In case of an advertisement the aim of which is to gather order with payment obligation from the consumer or business partner, the consumer must get clear information on this circumstance. An advertisement of such content cannot appear in the form of an invoice or other document forming the basis of payment and it cannot otherwise create the false impression that the consumer is obliged to pay.
(15) A comparative advertisement cannot be misleading, cannot result in confusion with the competitor(s) or spoil the competitor’s/s’ good reputation. A comparative advertisement cannot speak evil of or humiliate the competitors or their products (goods or services) and cannot unfairly hurt the competitors’ interests.
(16) Reference to a price discount cannot be presented in a way as to being misleading.
(17) It shall be clearly indicated if the price discount is offered only for a certain part of the stock of goods, or if availability to the discount is conditional upon the fulfilment of some additional condition.
