The advertorial in the Dutch daily magazine Telegraaf for the new food supplement MPC4 has caused much commotion. In this advertorial a Spanish professor referred to studies where good results were obtained: patients with less pain in joints. Is this to be qualified as 'advertising' or 'information'?
The active substance MPC4 as such is not on the Dutch market, but Google linked to the product Cartixan. Because Cartixan is the only product that contains MPC4, the Dutch Advertising Code Commission ruled that the advertorial is to be regarded as an advertisement for Cartixan. Therefore the Commodities act is applicable, including a ban on medical claims. Since PK Benelux can not support its claims by way of clinical studies the advertisement is an unfair trade practice mentioned in the black list: 'fraudulent claiming that a product can heal diseases, defects or malformations'. The legal debate about the interpretation of the word 'fraudulent’ (is that a heavier demand than just ‘misleading’?) was not discussed by the Code Commission. Friday, February 27, 2009 is the final date for submitting appeal by PK Benelux. If not, the ruling will be made public based on the seriousness of the offense.
Ebba Hoogenraad
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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 advertorial in the Dutch daily magazine Telegraaf for the new food supplement MPC4 has caused much commotion. In this advertorial a Spanish professor referred to studies where good results were obtained: patients with less pain in joints. Is this to be qualified as 'advertising' or 'information'?
The active substance MPC4 as such is not on the Dutch market, but Google linked to the product Cartixan. Because Cartixan is the only product that contains MPC4, the Dutch Advertising Code Commission ruled that the advertorial is to be regarded as an advertisement for Cartixan. Therefore the Commodities act is applicable, including a ban on medical claims. Since PK Benelux can not support its claims by way of clinical studies the advertisement is an unfair trade practice mentioned in the black list: 'fraudulent claiming that a product can heal diseases, defects or malformations'. The legal debate about the interpretation of the word 'fraudulent’ (is that a heavier demand than just ‘misleading’?) was not discussed by the Code Commission. Friday, February 27, 2009 is the final date for submitting appeal by PK Benelux. If not, the ruling will be made public based on the seriousness of the offense.
Ebba Hoogenraad