Emmi must pay fine for unauthorized advertising campaign
Milk processor Emmi must pay 20,000 francs for covering the Lucerne water tower with an unauthorized poster in April 2006. The marketing manager responsible was also fined 5,000 francs. The court did not accept Emmi's objection that the group had rather suffered damage to its image due to the negative reporting surrounding the campaign.
Milk processor Emmi must pay 20,000 francs for covering the Lucerne water tower with an unauthorized poster in April 2006. The employee responsible was also fined 5,000 francs. Emmi had covered the medieval tower with a 17 by 15 meter poster advertising its new drink Lacto Tab (see
). On the same day, the poster was removed and the city police filed a criminal complaint. The Lucerne-City District Governor's Office subsequently issued two rulings: A fine of 5,000 francs for the company's head of marketing, which has been legally valid for some time. In addition, Emmi was to pay the state 20,000 francs because the group had gained an unlawful pecuniary advantage with the action. The company did not want to accept this and took the decision to the Lucerne High Court.
However, according to the ruling published on Thursday, the highest Lucerne court also came to the conclusion that the confiscation of assets was legal. The court did not accept the group's objection that it had rather suffered damage to its image because of the negative reporting. The action was the subject of widespread reporting and the court found that the positive effect of the publicity achieved was likely to significantly outweigh any negative effect. The advertising had been planned in detail and approved by the Executive Board.
According to the ruling, the Supreme Court considers it reasonable to have the amount of the collection calculated by an expert. It would have to be clarified with which financial advertising expenditure the same publicity effect could have been achieved legally. Emmi is obviously not interested in this. According to information provided by the local governor's office, the company accepted the injunction following the ruling of the higher court. The case is closed.
). On the same day, the poster was removed and the city police filed a criminal complaint. The Lucerne-City District Governor's Office subsequently issued two rulings: A fine of 5,000 francs for the company's head of marketing, which has been legally valid for some time. In addition, Emmi was to pay the state 20,000 francs because the group had gained an unlawful pecuniary advantage with the action. The company did not want to accept this and took the decision to the Lucerne High Court.
However, according to the ruling published on Thursday, the highest Lucerne court also came to the conclusion that the confiscation of assets was legal. The court did not accept the group's objection that it had rather suffered damage to its image because of the negative reporting. The action was the subject of widespread reporting and the court found that the positive effect of the publicity achieved was likely to significantly outweigh any negative effect. The advertising had been planned in detail and approved by the Executive Board.
According to the ruling, the Supreme Court considers it reasonable to have the amount of the collection calculated by an expert. It would have to be clarified with which financial advertising expenditure the same publicity effect could have been achieved legally. Emmi is obviously not interested in this. According to information provided by the local governor's office, the company accepted the injunction following the ruling of the higher court. The case is closed.
