The Dutch supermarket Dirk van den Broek must correct a comparative advertisement. In a one page ad in some national newspapers Dirk van den Broek compared a 'shopping cart' with some products from market leader Albert Heijn. Dirk's advice: "Come to Dirk, that is 20% cheaper!". Not! So showed Albert Heijn to the Amsterdam Interlocutory Court. The prices stated were proven incorrect, the products cannot be compared, the calculation is incorrect and even the percentages have been calculated on a wrong basis (detrimental to Albert Heijn).
The Amsterdam Interlocutory Court has now ordered Dirk van den Broek to correct its misleading advertising: a half page rectification in the national newspapers De Telegraaf and Algemeen Dagblad in which the false advertising had been published. Furthermore in all stores a rectification poster must be shown during a week. The Court did not take long to decide: the session took place yesterday, and today a judgment was rendered already. That makes sure that the rectification will be published nationwide on Saturday. The ordered rectification is as clear as it can be. Anyone can compare prices, but the comparison must be in accordance with the strict rules for comparative advertising.
Maarten Haak
In this case Albert Heijn is represented by Hoogenraad & Haak (Ebba Hoogenraad and Daan van Eek, specialists in Dutch advertising law)
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office Emerald House Jozef Israëlskade 48-G Amsterdam, the Netherlands t +31 (0)20 - 305 3066 www.hoogenhaak.nl |
post PO Box 76780 1070 KB Amsterdam e info@hoogenhaak.nl f +31 (0)20 - 305 3069 chamber of commerce 34314579 |
The Dutch supermarket Dirk van den Broek must correct a comparative advertisement. In a one page ad in some national newspapers Dirk van den Broek compared a 'shopping cart' with some products from market leader Albert Heijn. Dirk's advice: "Come to Dirk, that is 20% cheaper!". Not! So showed Albert Heijn to the Amsterdam Interlocutory Court. The prices stated were proven incorrect, the products cannot be compared, the calculation is incorrect and even the percentages have been calculated on a wrong basis (detrimental to Albert Heijn).
The Amsterdam Interlocutory Court has now ordered Dirk van den Broek to correct its misleading advertising: a half page rectification in the national newspapers De Telegraaf and Algemeen Dagblad in which the false advertising had been published. Furthermore in all stores a rectification poster must be shown during a week. The Court did not take long to decide: the session took place yesterday, and today a judgment was rendered already. That makes sure that the rectification will be published nationwide on Saturday. The ordered rectification is as clear as it can be. Anyone can compare prices, but the comparison must be in accordance with the strict rules for comparative advertising.
Maarten Haak
In this case Albert Heijn is represented by Hoogenraad & Haak (Ebba Hoogenraad and Daan van Eek, specialists in Dutch advertising law)