European Commission

 

Case detail



Directive article Article 5 1.
Article 5 4.
Article 6 1.
Annex I al1 17.
National ID Slovak Trade Inspection, 27.04.2009 ref. code: P/45/2/2009
Country Slovakia Decision date 27/04/2009
Common name Decision type Administrative decision, first degree
Court Slovenská obchodná inšpekcia, Trnava Inšpektorát Slovenskej obchodnej inšpekcie so sídlom v Trnave pre Trnavský kraj Plaintiff(s)
Court translation Slovak Trade Inspection, Trnava Slovak Trade Inspection, Inspectorate with its registered seat in Trnava, Trnava region Defendant(s) MYSTTERY live, spol. s r.o. , registered seat: Zlievarenská 7941/2, 917 01 Trnava ID Nr.: 36 253 197
Subject product characteristics
Keywords black listhealth and safetyillnessmisleading actionsmisleading commercial practicesproduct characteristics

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Headnote

 

Claiming in the operating instructions that a product has positive effects on different illnesses (as well as various other healing effects) constitutes a misleading commercial practice and a breach of Annex I-17 of the UCP Directive when no documentary evidence can be provided to support such claims. 

Facts

The defendant is a trader of a product called "detoxication bath Hydrosana". The operating instructions state that this product can have direct influence on different illnesses in terms of various healing effects.

The Slovak Trade Inspection summoned the defendant to present relevant documents to prove the healing effects concerning the detoxication, regeneration of organs and positive effect on different illnesses. However, the defendant failed to present any such documents.

Legal issue

Is it an unfair commercial practice to claim, in the operating instructions of a product, positive effects on different illnesses (as well as various other healing effects), while this cannot be supported with any evidence?

Decision

The Slovak Trade Inspection decided that the defendant's conduct constituted a misleading commercial practice, because the operating manual contained false (or at least misleading) information, and because the trader claimed that the product has positive effects on different illnesses, while no proof of such effects was provided. 

Furthermore, this conduct also breached Annex I-17 of the UCP Directive (false claims concerning health products).

According to the Slovak Trade Inspection, this conduct was likely to distort the economic behavior of the average consumer, because it deceived the consumer to take a transactional decision which he otherwise would not have taken.

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Result

The Slovak Trade Inspection imposed a fine in the amount  of  2.500 EUR.

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