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Case detail



Directive article Article 6 1. (b)
National ID SH2013.V-0062-11
Country Denmark Decision date 29/10/2013
Common name SH2013.V-0062-11 Decision type Court decision, first degree
Court Sø- og Handelsretten Plaintiff(s) Papiruld Danmark
Court translation The Maritime and Commercial Court (Copenhagen) Defendant(s) Rockwool A/S
Subject misleading commercial practices
Keywords environmental claimenvironmental marketingfalse impressionmaterial informationmisleading statementsproduct characteristics

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Headnote

Stating that a trader's products are better than those of a competitor, where proof for such allegation is not offered, constitutes a misleading commercial practice.

Facts

The defendant was a manufacturer of insulation material made of paper wollen. In a number of commercials, the defendant claimed that its products were environmentally sensitive and recyclable. The defendant also stated that insulation material made of paper wollen was one of the most fire-resistant insulation material products in the market.

Finally, the defendant explicitly mentioned the company of the plaintiff, a competitor, in its marketing material claiming that the plaintiff’s insulation material products were not as good as the plaintiff made consumers believe.
 

Legal issue

Does stating that a trader's products are better than those of a competitor, where proof for such allegation is not offered, constitute a misleading commercial practice?

Decision

The court ruled that all the statements were misleading and constituted undue marketing as they were inexact and too one-sided. Thus, so the court held, the statements violated Sections 1 and 3 of the Danish Marketing Practices Act.

With respect to the statement about the plaintiff’s products, the court found that it violated Sections 5 of the Danish Marketing Practices Act and therefore it was an illegal comparative advertisement.
 

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Result

The plaintiff’s request was granted.

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