The complaint about the Dutch magazine Swinglevend was already mentioned in our 'News'. The Board of Appeal now confirms the ruling of the Advertising Code Committee. The editorials in the magazine are actually advertising and not recognizable as such. Besides, in several advertisements forbidden medical claims are being used. The Board of Appeal goes one step further. The prohibition of referring to a recommendation by an individual expert of article 12 of the (EU) Claims Regulation should be broad interpreted. Also a general reference to an expert is not permitted. Even if the expert is not referred to by name. It is all about the consumer assigning authority to the recommendation. It is of no interest whether it is clear from which specific expert the advice came from. Recommendations of official associations are allowed. According to the Board of Appeal ‘individual’ refers to a recommendation of a single physician or professional. In particular to show the difference in relation to these official associations. This definitively answers one of the questions raised by the European Regulation on Claims.
This case is handled by Ebba Hoogenraad and Kim Braber on behalf of the Dutch Inspection Board KOAG / KAG. Kim Braber
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The complaint about the Dutch magazine Swinglevend was already mentioned in our 'News'. The Board of Appeal now confirms the ruling of the Advertising Code Committee. The editorials in the magazine are actually advertising and not recognizable as such. Besides, in several advertisements forbidden medical claims are being used. The Board of Appeal goes one step further. The prohibition of referring to a recommendation by an individual expert of article 12 of the (EU) Claims Regulation should be broad interpreted. Also a general reference to an expert is not permitted. Even if the expert is not referred to by name. It is all about the consumer assigning authority to the recommendation. It is of no interest whether it is clear from which specific expert the advice came from. Recommendations of official associations are allowed. According to the Board of Appeal ‘individual’ refers to a recommendation of a single physician or professional. In particular to show the difference in relation to these official associations. This definitively answers one of the questions raised by the European Regulation on Claims.
This case is handled by Ebba Hoogenraad and Kim Braber on behalf of the Dutch Inspection Board KOAG / KAG. Kim Braber