A commercial of the Dutch Energy Company (De Nederlandse Energie Maatschappij, hereafter: NLEnergie) in which the character of the competitor Oxxio appears (see picture), is not regarded as forbidden comparative advertisement. According to the Dutch Advertising Code Committee (RCC) the company NLEnergie is not speaking in a disparaging manner about competitor Oxxio.
In the commercial the telephone operator of NLEnergie receives a lot of phone calls from customers. The voice over says: “So, nice and busy. No wonder, with the mega summer discount. Everybody wants that”. Then the Oxxio-character sticks his head around the corner and asks: “Excuse me, can I also step over?” The voice-over answers: “Of course, please step over to the Dutch Energy Company”.
The complainant finds the commercial impermissible comparative advertisement because Oxxio, in their opinion, is being made ridiculous. In principle, comparative advertisement is permitted but not if it is disparaging or denigrating (article 13 (e) Dutch Advertising Code). The RCC appreciates the humour in the commercial: it is of the opinion that in a humorous way attention is drawn to the mega summer discount that everybody wants. Also the Oxxio character wants that. The commercial is not disparaging or derogatory about the competitor Oxxio. Finally, another comparative advertisement that is allowed because of its humour. Humour helps!
Read the decision (in Dutch) here
Eva Rog - den Ouden – advertising law attorney
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A commercial of the Dutch Energy Company (De Nederlandse Energie Maatschappij, hereafter: NLEnergie) in which the character of the competitor Oxxio appears (see picture), is not regarded as forbidden comparative advertisement. According to the Dutch Advertising Code Committee (RCC) the company NLEnergie is not speaking in a disparaging manner about competitor Oxxio.
In the commercial the telephone operator of NLEnergie receives a lot of phone calls from customers. The voice over says: “So, nice and busy. No wonder, with the mega summer discount. Everybody wants that”. Then the Oxxio-character sticks his head around the corner and asks: “Excuse me, can I also step over?” The voice-over answers: “Of course, please step over to the Dutch Energy Company”.
The complainant finds the commercial impermissible comparative advertisement because Oxxio, in their opinion, is being made ridiculous. In principle, comparative advertisement is permitted but not if it is disparaging or denigrating (article 13 (e) Dutch Advertising Code). The RCC appreciates the humour in the commercial: it is of the opinion that in a humorous way attention is drawn to the mega summer discount that everybody wants. Also the Oxxio character wants that. The commercial is not disparaging or derogatory about the competitor Oxxio. Finally, another comparative advertisement that is allowed because of its humour. Humour helps!
Read the decision (in Dutch) here
Eva Rog - den Ouden – advertising law attorney