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Case detail

B a c k

Directive article Article 5 1.
Article 6 1.
National ID 11/00483
Country France Decision date 13/11/2012
Common name Decision type Court decision in appeal
Court Cour d''appel de Reims Plaintiff(s) SA Atol and others
Court translation Court of Appeals Reims Defendant(s) SAS Hans Anders France
Subject free
Keywords black listmisleading omissions

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Headnote

Describing a product in an advertising as "free" on the condition that the consumer buys another product in order to benefit from the promotion does not constitute an unfair commercial practice, if the condition is clearly communicated to the consumer.

Facts

The defendant, who operates a network of opticians, advertised online and in stores that consumers could get one free frame if they bought one pair of glasses.

The plaintiff claimed that this advertising constitutes an unfair commercial practice, as it was alleged that it was not made sufficiently clear to the consumer that one pair of glasses needed to be bought to obtain the free frame.

In first instance, the tribunal denied the plaintiff's claim.  
 

Legal issue

Does describing a product in an advertising as "free" on the condition that the consumer buys another product in order to benefit from the promotion constitute an unfair commercial practice, if the condition is clearly communicated to the consumer?
 

Decision

According to the court, the advertisement does not mislead consumers as it provides consumers with clear and complete information on the promotion operation and the average consumer may not be mistaken on the fact that to get the free frame, he/she must buy one pair of glasses.

Moreover, the defendant did not increase the price of glasses to compensate the discount. Therefore, this advertising does not constitute a misleading or unfair commercial practice.
 

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Result

The plaintiff's claim was denied.

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