International Advertising Clearance - May 2004 - GALA

Legal Regulatory Structure
Industry Self-Regulation?
Comparative Advertising
Allowed? Issues? (See footnote
for explanation of "usual and
customary criteria")
Prohibited Product Ads?
Use of famous person permitted
without permission?
Use of identifiable 3rd party
product permitted?
Specific Price Advertising
Restrictions (beyond being "not
misleading")?
Cultural Taboos / Legal
Restrictions?
Complete Answers
INTERNATIONAL ADVERTISING CLEARANCE
Czech Republic Denmark Ecuador Finland France
National National and European
Community
Yes, see www.rpr.cz No Yes, through Association
of Advertisement
Agencies.
National Federal National and Local
Yes, by the Board of
Business Practice of the
Central Chamber of
Commerce.
Yes, for competitors and,
in some part, consumers
Prior advice available.
See www.bvp.org (for
English see
www.bvp.org/phtml/outil
s/english/mn).
Yes, per EU Directive on Yes, subject to usual and Yes Yes, per EU Directive on Yes, per EU Directive on
Comparative Advertising customary criteria
Comparative Advertising Comparative Advertising
Rx drugs, generally; Tobacco, generally;
Tobacco on radio and TV Alcohol on TV; Rx drugs
only permitted in
specialized media
Tobacco, alcohol and Rx
drugs
Alcohol, tobacco, &
prescription drugs
Tobacco, Rx drugs
generally; alcohol,
books, movies, press,
retail distribution on TV
Permission required Permission required Permission required Permission required Permission required
Yes, but must avoid
misleading meaning
If ad uses good will of
other company, it may
be actionable under
Danish Marketing
Practices Act art 1.
No Yes, ad price must
include tax & VAT rules
for free, discounted, etc
Cultural Norms find
certain sound effects
offensive.
Ethnic issues are
considered very
important.
No express provision.
However, depending on
the case, Civil Code re:
unfair profits may apply.
No express provision.
However, depending on
the case, Civil Code re
unfair profits may apply.
No particular sensitivities
cited.
Yes, but advertising must
always be in
accordance with good
business practice.
Yes, but there is a risk of
trademark infringement
Yes, must be clear and Yes, must include VAT;
comprehensible. Sales rebate rules
price and unit price must
be provided. Special
provisions regarding inter
alia sale at reduced
prices and consumer
credits.
No particular sensitivities
cited. Note special
regulations regarding
target groups such as
children.
See Tab 13 See Tab 14 See Tab 15 See Tab 16 See Tab 17
*Various requirements for comparative ads include: accuracy and substantiation of claims based on proper, valid and reliable data, like to like products, comparisons only of meaningful features and current products/prices.
Ads must be in French;
current cultural trend of
non-discrimination
towards women.