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CHILE Rodrigo Albagli Guillermo Rivas Albagli Zaliasnik & Cia. ralbagli@az.cl grivas@az.cl www.az.cl 1. Title How do we measure shine and intensity? Topic: Misleading and Deceptive Advertising Where: Chile When: October 2004 What Happened: L’OREAL successfully filed a complaint before the Chilean Self–Regulatory Advertising Council against WELLA CHILE regarding Wellas’ advertising campaign for its shampoo product New Koleston. Claimants argue that Wella’s advertising campaign infringes on the Chilean Advertising Ethical Code, in particular one slogan used by respondents saying the following: “Get ready, up to 50% more shine and intensity”. L’OREAL claims that the Wella ad campaign did not show clinical studies nor the process by which the data exposed in the media was obtained. Moreover, the claimants cite other remarks used in the campaign such as “The outcome: using the New Koleston, you’ll get results never seen before. Perfect coverage and an intense color, durable and plenty of shine”. Technically speaking, the claimants hold the position that such remarks must be followed by scientific evidence and due to the fact that respondents have made statements using figures and percentages. The ad expressed that at least one out of 26 tones or shades of the New Koleston, is able to produce 50% more shine and intensity in the consumer’s hair. The statement is vague and inaccurate because respondents must identify with accuracy which tones or shades are definitively benefited by the product. In addition, statements made during the campaign may lead to the misunderstanding that any and all tones or shades may be benefited by the product, when using the wording “up to 50% more shine…”. Certain provisions of the Chilean Advertising Ethical Code require that ads must not show or reproduce any statements, remarks or visual presentations, which directly or by implication, omission, ambiguity or an exaggerated pretense, may lead the consumer to erroneous conclusions regarding the product. Additionally, other provisions have already set the principle that if an ad contains statements based on scientific knowledge, such as medical or engineering, those ads must be defended based on opinions issued by those regulatory bodies designated by the Council. In other words, in order to prove the falsehood or truthfulness of those statements, the panel may request a technical opinion to demonstrate the accuracy or inaccuracy of the statements placed under judgment. Respondents counter argued that shampoos and the like, being cosmetic products are strictly regulated by specific government regulations, and since
no action was taken by any governmental watch dog against this ad campaign, the current complaint should be dismissed and retaken after a judgment has been issued by a government body. As a consequence, respondents hold that claimants must first file a legal action before the public health regulatory body so as to determine whether there is truly an infringement. While judging the first counterclaim, the Council decided as follows: Regarding respondent argument that this Self-Regulatory Council does not have jurisdiction to decide in this matter, the Council held the opinion that the legal activity of the public health regulatory body was of a different nature and function. And there is no precedence or controversy if both bodies undertake their activity at the same time. The Council concluded that this Self-Regulatory Council is able to judge ethical complaints regardless of the regulatory bodies even if they belong to the government. In deciding the question of whether the ad campaign and the slogan truly infringed on the Ethical Code, the Council ruled that the slogan “Get ready, up to 50% more shine and intensity” belongs to those category of statements which necessarily must be proven scientifically in order to determine their accuracy and truthfulness. In examining the evidence produced by respondents the Council concluded that there was not any single piece of evidence which could prove that the product called New Koleston produces up to 50% more shine and intensity and as a conclusion the Council declared the slogan an “exaggerated pretense that may lead consumers to erroneous conclusions”, and thereby infringing certain provisions of the Chilean Advertising Ethical Code. Comments: The Council made a strong point. Statements or remarks using figures or percentages require scientific demonstration. Otherwise they may lead consumers to be misled. 2. Title This is serious!! Topic: Deceit or confusion for consumers. Privacy rights Where: Chile When: October 2004 What Happened: A single person files a complaint against the Chilean National Railroad Company and its advertising agency BBDO for a certain ad campaign undertaken by respondents in which the claimant and her husband were depicted in a set of photographs. The campaign basically shows people vacationing in a certain part of Chile while making statements about the benefits of traveling by railroad. Claimant argues that the pictures were shot in Vancouver, Canada, and to make this issue even more serious were used in the ad campaign without consent. In responding to those claims, the advertising agency held that the campaign was their own true and independent creation, showing real pictures belonging to the agency’s employees. Under no circumstances was the agency’s intention to damage or deceive the audience and further that the exclusive aim of the campaign was to show real peoples’ vacations. The agency claimed that once they figured out the mistake, the whole campaign came to an immediate stop.
Page 2 and 3: Table of Contents Argentina Page 5
Page 4 and 5: United States Page 130 Uruguay 133
Page 6 and 7: marketing campaigns. The Code provi
Page 8 and 9: AUSTRALIA Peter Le Guay Cowley Hear
Page 10 and 11: The regulations are designed to inf
Page 12 and 13: Flight Centre's airfares were guara
Page 14 and 15: AUSTRIA Stefan Kofler Greiter Pegge
Page 16 and 17: BOLIVIA Alexandra Blanco Guevara &
Page 18 and 19: BRAZIL Valdir Rocha Veirano Advogad
Page 20 and 21: 5. Title “Faculdades Hélio Rocha
Page 22 and 23: CANADA Wendy Reed Geneviève Marcot
Page 24 and 25: Second, the finding makes clear tha
Page 28 and 29: The Council let the claimant know a
Page 30 and 31: COLOMBIA Ricardo Duarte Duarte Duar
Page 32 and 33: 3. Legislation Decision or sentence
Page 34 and 35: advertising and information. Nevert
Page 36 and 37: ody parts. Even if all intimate par
Page 38 and 39: CROATIA Mladen Vukmir Vukmir & Asso
Page 40 and 41: the sentences used in the campaign
Page 42 and 43: DENMARK Johan Løje Hans Flensted -
Page 44 and 45: unsolicited electronic mail in the
Page 46 and 47: FINLAND Bernt Juthström, Mikael Se
Page 48 and 49: on information to be given in respe
Page 50 and 51: practices by marketing COKO buildin
Page 52 and 53: 2. Case Report Topic: The represent
Page 54 and 55: 4. Self-regulation Topic: Can cigar
Page 56 and 57: HUNGARY Matias Vallejos Meana Sall
Page 58 and 59: 4. Title Easyjet Topic: Comparative
Page 60 and 61: A complaint was also received by th
Page 62 and 63: Regulator (ComReg). Under the regul
Page 64 and 65: 3. Legislation Topic: Consumer Prot
Page 66 and 67: Quite clearly the models are posing
Page 68 and 69: In this context measures taken to p
Page 70 and 71: models through a clear and illicit
Page 72 and 73: The Jury found that: - company B’
Page 74 and 75: Considering that the fidelity card
Page 76 and 77:
JAPAN Wilfred Wakely Aiba & Partner
Page 78 and 79:
cease and desist orders, administra
Page 80 and 81:
The Court held the trademark was us
Page 82 and 83:
2. Title TELEVISION ADVERTISING LES
Page 84 and 85:
NEW ZEALAND Monica Choy Hesketh Hen
Page 86 and 87:
3. Title Credit Card Companies Pros
Page 88 and 89:
6. Title Therapeutic Services Adver
Page 90 and 91:
PERU José Barreda Barreda Moller m
Page 92 and 93:
- When it contains a false name or
Page 94 and 95:
POLAND Ewa Skrzydło-Tefelska SKS L
Page 96 and 97:
3. Issue: Advertising of medicines
Page 98 and 99:
Comments: This decision shows that
Page 100 and 101:
ROMANIA Florentina Dumitrescu Wood
Page 102 and 103:
or services offered by it. Accordin
Page 104 and 105:
following the legislative initiativ
Page 106 and 107:
SOUTH AFRICA Chris Job & Lindsey Ki
Page 108 and 109:
3. Misleading Advertising Topic: Ad
Page 110 and 111:
In the amended advertisement the ph
Page 112 and 113:
8. Offensive Advertising Topic: Sec
Page 114 and 115:
SPAIN Gerhard W. Volz Schiller Abog
Page 116 and 117:
The criticisms made against the Dra
Page 118 and 119:
SWEDEN Michael Plogell Wistrand Adv
Page 120 and 121:
fulfill the requirements of the MPA
Page 122 and 123:
published advertisements aren’t p
Page 124 and 125:
single bill, customer portal, 24-7
Page 126 and 127:
Polo says it all - small but tough.
Page 128 and 129:
6. Case Report Topic: Licensing Int
Page 130 and 131:
UNITED STATES Douglas J. Wood Jenni
Page 132 and 133:
5. Topic: Degrees of Deception: Int
Page 134 and 135:
The court held that the image right
Page 136 and 137:
penalties stipulated in the law. Th
Page 138 and 139:
2. Case Report Topic: Incorporation
Page 140 and 141:
4. Case Report Topic: Fair Competit
Page 142 and 143:
transmission of institutional messa
Page 144 and 145:
make its own determinations, and in
Page 146 and 147:
CHILE Rodrigo Albagli & Guillermo R
Page 148 and 149:
JAPAN Wilf Wakely Aiba & Partners 4
Page 150:
SWITZERLAND Peter Hofer Frick, Hofe
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