Fair advertising: too much promised

Anyone who ignores the sticker on the letterbox is breaking the law.What does the average addressee understand by sustainability? How do they interpret "A ... more sustainable", for example? And what exactly do they expect from a promise made by a company in its advertising? Four complaints concerned such questions - half of which were upheld by the Third Chamber of the Swiss Commission for Fair Trading. Both cases concerned a promise made by a major distributor. "Nous appliquons également les normes suisses à l'ensemble de nos produits en provenance de l'étranger" was, in the opinion of the SLK, not kept, as was the statement "We promise Noah that from the end of 2014 we will only offer insecticides and plant protection products that do not endanger bees". Both fulfilled the facts of deceptive and therefore unfair advertising. In the first case, the respondent stated on its website that the promise was merely a target to be achieved by 2020. However, the present tense used in the claim - "nous appliquons" - indicates to the average addressee that the promise has already been implemented at the present time. In the other case, consumers can expect that the advertised product really no longer contains any ingredients that could be harmful to bees. In contrast, the Third Chamber did not consider the other two complaints to be deceptive or misleading. Statements such as "Sustainable(er)" and "More sustainable than you think" are not to be understood in absolute terms, but merely express that the company is making a special effort in this area.Disregarding the star entry and the stop-advertising stickerOf the five disregard complaints, two related to the star entry and three to the stop-advertising sticker. All but one were upheld. One complaint was rejected primarily because the complainant accepted the advertising call in question despite the starred entry in the telephone directory and immediately concluded a contract. The fact that she only invoked the starred entry when she realized that she should not have concluded the contract is a breach of good faith (Art. 2 ZGB) and is not entitled to legal protection. As far as the stop-advertising sticker is concerned, it expresses the express will of the letterbox holder. Any disregard is considered an aggressive and unfair advertising method (Art. 2, Unfair Competition Act, UWG). Responsibility always lies with the advertising client. They are responsible under unfair competition law for errors made by third parties or auxiliary persons; their own fault is not necessary to fulfill the elements of the UCA. The other complaints were directed against a chargeable entry in a trade register that disregarded the right of withdrawal, against a product guarantee that did not fall within the competence of the SLK, and against an "open day" of an erotic club. All three were at least partially upheld. The detailed reasons for all decisions can also be found on the page fair-advertising.ch to find.