"Advertisers don't like to get negative media coverage"
Doris Leuthard, Chair of the Fair Trading Commission, on the guidelines for testing
Doris Leuthard, President of the Lauterkeitskommission, on the guidelines for testingThe Swiss Lauterkeitskommission has had new guidelines for testing developed (see also p. 26), which came into force on April 1. At a press conference in Zurich, Doris Leuthard, also newly appointed President of the Fairness Commission, gave a presentation. She is a lawyer and, as a member of the National Council of the Christian Democratic Party (CVP), is also being considered as a successor to the national party presidency.You said that the Swiss Fair Trading Commission wanted to "set an example" with this press conference. Are there currently a correspondingly large number of grievances about the handling of tests?
Doris Leuthard: For me, the biggest grievance is that there are still no uniform regulations at all in the area of testing for consumers. In such a situation, it is also very difficult for the industry and advertisers to communicate anything. What is measured in a test? How may one compare? What can be published? Is it even allowed to advertise with the results from a test? As a result of these ambiguities, we have been contacted by several concerned companies. Suppliers complained to us that they had been unfairly qualified. Others felt they were being harassed by an unfairly advertising competitor. At the Commission, we would have to be able to justify certain criteria immediately in such a case. But without defined rules, we could not do that. That is why we have now looked at the problem across the various instances and drafted a list of principles that are as useful as possible.
How many cases of such complaints are currently in the pipeline?
Leuthard: We receive around 400 complaints a year. The number of cases has increased steadily recently. Our secretary can handle some of them by telephone. Last year, there were 170 cases. The others are handled by our commissions and, depending on the case, also result in sanctions.
What are possible sanctions for advertisers?
Leuthard: The strictest measure is to file a criminal complaint via the State Secretariat for Economic Affairs (Seco). Then there is also the possibility of publication. Advertising agencies are extremely reluctant to be confronted with this measure. The mildest way is for us a delivery of the decision of the commission. With the clear request that a similar offense in this form may not happen again. There is also the possibility of putting the people on a blacklist with the help of their association.
How do you experience the cooperation of advertisers in such cases?
Leuthard: As a rule, I have a positive impression. People are very willing to talk. After all, everyone knows that it hurts them if they get into the media with dishonest stories. Such reports can have a negative impact on the order situation or on the reputation.
How can we summarize the most important rules for testing?
Leuthard: The guidelines are primarily intended to promote transparency. In the future, like should be compared with like. If measurements and assessments are made according to uniform criteria, abuse can be prevented. As consumers, we want to be able to rely on results and comparisons. But the test guidelines also serve the industry. After all, one goal for everyone is to obtain better products.
But these guidelines of the Fairness Commission are not yet law?
Leuthard: They are a complementary instrument to the judicial bodies. The work of the commission is financed by the business community, namely by the Society for the Promotion of Fairness in Commercial Communication. We are convinced that this way of self-regulation is the faster and more efficient one. The Fairness Commission as a self-control organization is unique in Europe, but it has been working successfully in Switzerland for years. But our principles should be allowed to develop, which is why we have also organized this press conference. In the future, we hope to receive even more input and also critical suggestions for improvement from a wide variety of organizations.
As a politician, what motivated you personally to become involved with the Fairness Commission as its president?
Leuthard: On the one hand, I'm affected as a consumer myself, and I've always been annoyed when I've seen such advertisements and then had to realize when buying the product that it's not true at all. On the other hand, we are increasingly influenced by the media. The individual is no longer in a position to make a serious evaluation of the abundance of these products. So I have to be able to rely all the more on the evaluation of a test and on the statements made by the industry and advertising. This social process is exciting for me - and because it goes into law, it also interests me professionally. As a lawyer, I have had to handle a number of relevant cases for clients. This has given me the motivation to become even more involved in this area.
Can it be seen as an additional sign that a young woman has now taken over this presidency with you?
Leuthard: I am the first woman to hold the chairmanship of this commission. However, this is not so much a sign that consumer protection primarily affects women. We wanted much more to draw attention to the fact that the handling of tests can no longer be regulated solely between industry and advertising, but that this problem concerns us all.
You are the owner of a law firm. What does it specialize in?
Leuthard: In our law firm with three lawyers in Muri and Wohlen, I not only handle cases relating to the Unfair Competition Act (UCA). I am also a divorce lawyer and work for victim assistance. I handle many cases in the area of liability - and that's where you come into contact with the problem of product liability relatively quickly.
Interview: Andreas Panzeri
Doris Leuthard: For me, the biggest grievance is that there are still no uniform regulations at all in the area of testing for consumers. In such a situation, it is also very difficult for the industry and advertisers to communicate anything. What is measured in a test? How may one compare? What can be published? Is it even allowed to advertise with the results from a test? As a result of these ambiguities, we have been contacted by several concerned companies. Suppliers complained to us that they had been unfairly qualified. Others felt they were being harassed by an unfairly advertising competitor. At the Commission, we would have to be able to justify certain criteria immediately in such a case. But without defined rules, we could not do that. That is why we have now looked at the problem across the various instances and drafted a list of principles that are as useful as possible.
How many cases of such complaints are currently in the pipeline?
Leuthard: We receive around 400 complaints a year. The number of cases has increased steadily recently. Our secretary can handle some of them by telephone. Last year, there were 170 cases. The others are handled by our commissions and, depending on the case, also result in sanctions.
What are possible sanctions for advertisers?
Leuthard: The strictest measure is to file a criminal complaint via the State Secretariat for Economic Affairs (Seco). Then there is also the possibility of publication. Advertising agencies are extremely reluctant to be confronted with this measure. The mildest way is for us a delivery of the decision of the commission. With the clear request that a similar offense in this form may not happen again. There is also the possibility of putting the people on a blacklist with the help of their association.
How do you experience the cooperation of advertisers in such cases?
Leuthard: As a rule, I have a positive impression. People are very willing to talk. After all, everyone knows that it hurts them if they get into the media with dishonest stories. Such reports can have a negative impact on the order situation or on the reputation.
How can we summarize the most important rules for testing?
Leuthard: The guidelines are primarily intended to promote transparency. In the future, like should be compared with like. If measurements and assessments are made according to uniform criteria, abuse can be prevented. As consumers, we want to be able to rely on results and comparisons. But the test guidelines also serve the industry. After all, one goal for everyone is to obtain better products.
But these guidelines of the Fairness Commission are not yet law?
Leuthard: They are a complementary instrument to the judicial bodies. The work of the commission is financed by the business community, namely by the Society for the Promotion of Fairness in Commercial Communication. We are convinced that this way of self-regulation is the faster and more efficient one. The Fairness Commission as a self-control organization is unique in Europe, but it has been working successfully in Switzerland for years. But our principles should be allowed to develop, which is why we have also organized this press conference. In the future, we hope to receive even more input and also critical suggestions for improvement from a wide variety of organizations.
As a politician, what motivated you personally to become involved with the Fairness Commission as its president?
Leuthard: On the one hand, I'm affected as a consumer myself, and I've always been annoyed when I've seen such advertisements and then had to realize when buying the product that it's not true at all. On the other hand, we are increasingly influenced by the media. The individual is no longer in a position to make a serious evaluation of the abundance of these products. So I have to be able to rely all the more on the evaluation of a test and on the statements made by the industry and advertising. This social process is exciting for me - and because it goes into law, it also interests me professionally. As a lawyer, I have had to handle a number of relevant cases for clients. This has given me the motivation to become even more involved in this area.
Can it be seen as an additional sign that a young woman has now taken over this presidency with you?
Leuthard: I am the first woman to hold the chairmanship of this commission. However, this is not so much a sign that consumer protection primarily affects women. We wanted much more to draw attention to the fact that the handling of tests can no longer be regulated solely between industry and advertising, but that this problem concerns us all.
You are the owner of a law firm. What does it specialize in?
Leuthard: In our law firm with three lawyers in Muri and Wohlen, I not only handle cases relating to the Unfair Competition Act (UCA). I am also a divorce lawyer and work for victim assistance. I handle many cases in the area of liability - and that's where you come into contact with the problem of product liability relatively quickly.
Interview: Andreas Panzeri
