The Dutch Supermarket Plus is allowed to call its new ‘Ben van Bakel bread’ 'artisanal'. According to the complainant the Ben van Bakel baker’s shop does not exist and artisanal bread can not be sold by a supermarket. Therefore, the advertising for Ben van Bakel bread would be misleading. The Advertising Code Committee rejects the complaint. It is found that ‘Ben van Bakel’ is a trademark and not the name of a real bakery. Furthermore, the term 'artisanal' is not a legally protected qualification. Consumers will understand that artisanal supermarket bread is not prepared on a small scale. Plus can prove that Ben van Bakel bread is produced in a traditional way. This makes the bread distinctive from non-traditional bread. Plus can keep promoting its bread as "Artisanal bread by Ben van Bakel". The complainant did not appeal.
This case was handled for Plus Supermarkets by Ebba Hoogenraad en Kim Braber.
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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 Plus is allowed to call its new ‘Ben van Bakel bread’ 'artisanal'. According to the complainant the Ben van Bakel baker’s shop does not exist and artisanal bread can not be sold by a supermarket. Therefore, the advertising for Ben van Bakel bread would be misleading. The Advertising Code Committee rejects the complaint. It is found that ‘Ben van Bakel’ is a trademark and not the name of a real bakery. Furthermore, the term 'artisanal' is not a legally protected qualification. Consumers will understand that artisanal supermarket bread is not prepared on a small scale. Plus can prove that Ben van Bakel bread is produced in a traditional way. This makes the bread distinctive from non-traditional bread. Plus can keep promoting its bread as "Artisanal bread by Ben van Bakel". The complainant did not appeal.
This case was handled for Plus Supermarkets by Ebba Hoogenraad en Kim Braber.