International Advertising Clearance - May 2004 - GALA

AUSTRIA
Stefan Kofler
Greiter, Pegger, Kofler & Partners
info@greiter.lawfirm.at
Q: Is advertising regulated on a federal or regional level (or both)?
A: Federal
According to the Austrian constitution, civil matters, to which advertising law belongs, fall
under the legislation of the Federal Parliament.
Q: Does the advertising industry in your country engage in any form of self-regulation?
A: No
Q: If yes, how does the self-regulatory process work? Is it widely used? Are decisions
rendered in writing? Are they reported anywhere?
A: n/a
Q: Does your country permit comparative advertising?
A: Yes
Q: If yes, what are the major restrictions and regulations with respect to such competitive
comparisons?
A: Comparative advertising is permitted in Austria if it fulfils the requirements of
Directive 97/55/EC of the European Parliament and of the Council of October 6, 1997.
Comparative advertising is permitted if it is not misleading and if it compares goods or
services meeting the same needs or intended for the same purpose. Furthermore it has to
objectively compare one or more material relevant, verifiable and representative
features of those goods and services, which may also include its price. Comparative
advertising must not create confusion on the market place between the advertiser and
a competitor or between the advertiser’s trademarks, trade names, other distinguishing
marks, goods or services and those of a competitor. Furthermore, comparative
advertising must not discredit or denigrate the trademarks, trade names, other
distinguishing marks, goods, services, activities, or circumstances of a competitor.
Q: Is pre-existing substantiation required for claims made in an advertisement?
A: No
Q: Are there any products or services that cannot be offered in certain media?
A:
Television: Yes (tobacco, spirits, prescriptive drugs and medical treatment)
Radio:Yes (tobacco, spirits, prescriptive drugs and medical treatment)
Internet: Yes (certain types of cigarettes)