Hoogenraad & Haak is a good and reputable firm. Especially Ebba, with whom we work on a regular basis, is an excellent sparring partner in her field of expertise.

Heineken

Much-acclaimed boutique Hoogenraad & Haak stands out for its insight in the advertising space.

WTR 1000 (2016)

Excellent track record for soft IP advice, covering trade marks, copyright and advertising issues. Experienced in advising across a range of sectors, including fashion, food and retail.

Chambers Europe 2015

Very accessible, excellent advisors. They walk the extra mile in protecting our trademarks and designs.

Coerceo company

Hoogenraad & Haak counsel us efficiently and effectively – absolutely star-worthy.

Alliance Gastronomique

High quality, high speed of service and very pleasant to work with. The only law firm we go to.

Alfred

The firm’s expertise on advertising law and (promotional) games of chance is outstanding. They always respond rapidly and thoroughly.

Nationale Postcode Loterij

Our advertising law team for many years now. Always high quality. Always quick and clear advice. Creative solutions with a personal touch.

TBWA\

My advice: whenever you feel insecure about the consequences things may have - check out Hoogenraad & Haak first. Believe me, they know what they are talking about. Make sure you never regret not having checked.

Lemz

"The lawyers are open, flexible and easy to communicate with, which is important in our business where you have to act fast."

Chambers Europe 2014

A reliable partner for many years, whose up to date legal knowledge and network perfectly fit our (inter)national marketing communication activities.

The Flower Council of Holland

They effectively considered our problem to be their problem. Their commitment, drive and the creative solutions they came up with resulted in maximum success.

EVA Optic

Highly recommended for any case that requires an understanding of business, legal and strategic considerations.

UFA Film und Fernseh GmbH (a subsidiary of RTL Group)

They do not only analyse issues well but also suggest creative solutions. Their high quality and clear advice is always quickly delivered.

Yakult

Lawyers I can always rely on, quickly understand the commercial aspects and always very creative in solving. A big plus for me is that I can link them directly with the business, which means they are very practicable, easy to communicate with and quick.

Thomas Cook

The lawyers here are “down to earth, approachable and lively”, and “handle demanding clients superbly, all while working to tight deadlines and delivering to a high standard - without charging the earth”.

WTR 1000 (2015)

Our trusted advisor on advertising matters. High quality, personable and pro-active assistance.

easyJet

The pre-eminent firm in the Netherlands for advertising law.

Chambers Europe 2013

Great expertise in both advertising and trade mark law. Very quick and effective in dealing with competitors’ comparative advertising campaigns.

Large Dutch opticians chain

Our trustable firm for IP related work in the Netherlands. Smart, realistic and efficient litigators with cross border operating capacity.

Camper

To us, Hoogenraad & Haak equals a personal approach, high quality advice and very fast service - all pro bono.

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PR agency receives high fine for violation of advertising ban for medicines

PR agency receives high fine for violation of advertising ban for medicines
8 October 2018 - In the Netherlands, it is prohibited to advertise medicines to the general public. The Dutch Ministry of Health, Welfare and Sport enforces strictly and imposes fines up to EUR 450.000 for each violation. A recent judgement proves that this fine cannot only be imposed on the manufacturer, but also on the PR agency that acts in the interests of the manufacturer. Agencies beware!
 
The cause for the decision was an email from PR agency Edelman to a reporter of a Dutch newspaper concerning a new drug for diabetics. The PR agency employee attached a press release that was actually meant exclusively for the medical press. The reporter wrote a favorable article: “New pill for diabetics”. The Ministry started an inquiry and imposed a fine of EUR 33.250 on Edelman. Edelman challenged the fine before the court. Can the email be qualified as a prohibited advertisement for medicines to the general public? And can a fine be imposed on the PR agency, or can only the manufacturer be held responsible?
 
Firstly, the court decided that the email does indeed constitute an advertisement for medicines to the general public. The court established that the press release was sent with the apparent goal to stimulate the sales of the drug, which is not allowed.
 
What about the responsibility for the violation? Again, the court agrees with the Ministry. According to Dutch administrative law, any party that “physically performs” a prohibited act can be qualified as offender. In this case the “physical performer” was PR agency Edelman, by sending the email to the reporter. Moreover, the court finds that the violation can be attributed to PR agency Edelman. Edelman did argue that it acted on behalf of the manufacturers of the drug, but according to the court that does not change the outcome of the case. In this instance, the manufacturers in fact provided Edelman with a clear instruction: the press release was meant only for the medical press.
 
Conclusion: PR agencies should be careful in relation to advertising rules enforced by the Dutch state. This applies to advertising for medicines, but for example also for health claims for food, tobacco advertising and advertising for games of chance. Violation of these rules is not only a risk for a client, but also for the agency itself. This applies to PR agencies, but also to advertising agencies.
 
Bram Duivenvoorde, advertising lawyer

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