Comparative advertising: SLK reprimands UPC Cablecom
To promote its own Internet service as the fastest, UPC Cablecom used two different «time measurements.» The Third Chamber of the Fair Trading Commission therefore upheld the competitor’s complaint.
"Surf faster than with the fastest Swisscom DSL" is the headline in question. The competitor considered this comparison to be unfair and filed a complaint with the Swiss Fairness Commission (SLK), according to a statement on Wednesday. Rightly so, as the Third Chamber decided in its summer session. According to principle No. 3.5 of the SLK as well as Art. 3 lit. e UWG, comparative advertising is considered unfair if it compares one's own goods, works, services or their prices with other goods, works, services or their prices in an incorrect, misleading, infringing or unnecessarily leaning manner. The basis for this is the understanding of an average addressee (principle no. 1.1 no. 2 of the SLK). The Third Board concluded that the statement complained of was factually incorrect from this point of view. Since the term "DSL" is not primarily understood as a product designation, but rather as a standard for data transmission, not only the competing offers that are explicitly labeled "DSL" may be used for a comparison.
Footers do not correct false statement
The star reference in the advertisements does not change this. Especially since the corresponding footer is formulated in an ambiguous manner and is set off in too small a font. Footers are generally not suitable to correct a possibly incorrect or misleading statement in a copy text or in a headline; they can only be used to specify and further clarify a content. For this purpose, however, the references must be written in a size that can be easily perceived by an average reader.
In response to an inquiry from the SDA news agency, Cablecom said that the controversial slogan had not been used for several months. The company is now refraining from direct comparisons with competitors in its advertising and is promoting the "fastest Internet in Switzerland".
About the Fairness Commission
Any person is authorized and legitimized to complain to the Swiss Fairness Commission about commercial communications that they believe are unfair. The SLK has been the self-control body of the advertising industry since 1966. In addition to the industry associations, it includes the Federal Office of Public Health, the State Secretariat for Economic Affairs SECO, the equality offices of the city of Zurich, the lottery and betting commission Comlot, the Swiss Federal Institute of Intellectual Property IGE and consumer associations. The SLK has been chaired by National Councilor Christine Bulliard-Marbach since 2012.
