Doing Business in the Netherlands 2012 - American Chamber of ...

Doing Business in the Netherlands 2012
Furthermore, advertising standards for specific industries are regulated
by separate laws and the industry itself. The Dutch Advertising Code
(Nederlandse Reclame Code) is an example of such self-regulation
and provides that advertising must be in accordance with the law, the
facts and good taste, and that it may not be contrary to the public
interest, public order, or common decency. Advertising that misleads
the public, e.g., in regard to the price or origin of a certain product, is
prohibited. Specific regulations apply to advertising directed at
children and to the advertising of alcoholic beverages,
pharmaceuticals and financial products.
The advertisement of tobacco products has been banned in the
Netherlands. The Dutch Tobacco Act also restricts the use of tobacco
trademarks and distinguishing signs for non-tobacco products.
In addition to the option of taking legal action, a complaint can be
filed with the Advertising Code Committee and its Board of Appeal.
Although the decisions of either group are not legally binding,
negative decisions are normally respected by the affiliated media,
which will refrain from publishing the advertisement in question. The
Advertising Code Committee and its Board of Appeal can render an
“individual recommendation” which is communicated only to the
plaintiff and the offender in question, or it can render a “public
recommendation” which is published in various media.
The advertising of pharmaceuticals is regulated by the
Pharmaceuticals Act (Geneesmiddelenwet). The advertising of
pharmaceuticals is further regulated by self-regulatory codes, such as
the Code of Conduct for the Advertising of Pharmaceuticals of the
Stichting Code Geneesmiddelenreclame and the Code for the
Advertising of Medicinal Products to the General Public of the
Stichting Keuringsraad Openlijke Aanprijzing Geneesmiddelen
(KOAG).
The advertising of pharmaceuticals (including the grant of incentives
to health professionals) is strictly regulated. Public advertising of
non-prescription pharmaceuticals is allowed under certain conditions,
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