list of contributors - GALA

or services offered by it.
According to the Advertising Law Art. 8, e, comparative advertising is
prohibited if the trademarks, commercial denominations, other distinctive
marks, goods, services, activities, or circumstances of a competitor are
discredited or denigrated.
Although the RAC – the NAC’s consultant on advertising issues – deemed
that the “Gemenii” spot did not breach the Advertising Practice Code, the
NAC prohibited the broadcasting of the spot, taking an exaggerated measure
in view of international advertising market standards.
In Romania, advertising is relatively immature and, thus, competitors use it
as a battlefield. There have been several spots of this kind, such as: (1) truck
drivers exchange bottles with one another and one of them falls in love with
the competitor’s products to the extent that he cannot let them go; (2) a child
uses the juice cans of one of the producers only to reach the cans of the other;
and (3) other variations in which the products are explicitly showed and the
attack is direct.
In Romania, the NAC prohibits such spots. The effects of such prohibitions
on the business of the competitors are important. By prohibiting television
stations from broadcasting a spot, the NAC also influences the market of
media agencies and the promotional budgets of the companies. In this case,
Altex had to modify its media campaign. Flanco, in turn, intensified the
promotion of its “Foarte deschis” campaign
This prohibition policy does not, however, affect TV stations since media
space is crowded and overbid.
3. Topic: Lacalut Toothpaste
When: March 29, 2005
What Happened: In its public session of March 29, 2005, the NAC analyzed the spot for
“Lacalut” toothpaste. It decided that such spot breached the provisions of
NAC Decision No. 254/2004 regarding advertising, sponsorship and
teleshopping (“Decision No. 254/2004”). Therefore, the NAC requested
“PRIMA TV” station to stop broadcasting such advertising spot immediately.
Comments: According to NAC Decision No. 254/2004, Art. 41, para. (2), “the
broadcasting of advertising and teleshopping featuring doctors, dentists,
pharmacists or nurses who recommend or approve medicinal products,
medical treatments, vitamins, food supplements, nutrients, nutritive
supplements or fast moving consumer goods is prohibited.”
4. Topic: Medical Services
When: January 2005
What Happened: From January 4 to 11, 2005, “OTV” TV station broadcast advertising clips for
“Munposan” private hospital. On January 10 and 11, 2005, advertising spots
for ERA (Dentera) clinic were broadcast on “Antena 1” TV station. The NAC
decided that the two advertising spots breached the provisions of Decision
No. 254/2004, Art. 55, para. (1). The NAC issued Decisions No. 12/2005 and
No. 13/2005, requesting the TV stations to stop broadcasting the spots.
Comments: According to Decision No. 254/2004, Art. 55, para. (1), any advertising for
State-owned or private clinics providing public services is prohibited.