False Advertising

The Belarusian market of goods and services is broad and rich in demand and supply. It is constantly in motion and in leadership struggle of the sellers. Relationships between business entities that offer the same goods and services are both competitive and collaborating. "Healthy struggle" promotes the market development, improves quality of the product, and makes the participants constantly evolve. However, the competitors do not always follow the principles of prudence and reasonableness. Unfair competition can occur, for example, in dissemination of misleading and distorted information, in start-up of false advertising, etc.

False advertising definition

In Belarus, false advertising represents advertising that contains misleading information, as well as information that is untrue and which can violate or already violates the legal rights and interests of legal entities and individuals.

Such advertising can refer to quality of the product, its features, sales volumes or price of the product and terms of payment. An advertisement that contains inaccurate or distorted information about delivery, warranty obligations, and other information related to the sale of the product will be considered inaccurate.

Furthermore, competition that violates the rights and interests of other persons includes advertising that declares public recognition of the quality of the product (in the absence of such recognition), and that describes the quality and properties of the product better than those of competitors (with no official confirmation).

How to deal with false advertising?

In the light of contemporary realities legal regulation and the mechanism for protecting rights in cases of false advertising and unfair competition has many issues. This applies to the application of the law, the meaning of words used in advertising and presentation. In cases of false advertising, the wording, the consumer’s perception of information, etc. matter. However, what should you do if you find advertising that you think is false?

·        Firstly, it should be recorded (you should take a picture of an advertisement, record it on a video, record a radio station and the time when the advertisement was played);

·        Secondly, you should analyze its content (whether it really contains false information, how advertising affects competitors, etc.);

·        Thirdly, you should take measures to protect violated rights. One of the ways to deal with false advertising is to apply to the Ministry of Antimonopoly Regulation and Trade.

False advertising, as well as unfair competition, in general, requires detail analysis and a serious approach. When identifying the facts that violate the legal rights and interests of business, it is preferable to contact professionals first.

Beliaevs & Partners law group has an extensive experience in unfair competition cases, as well as in cases related to advertising. We are ready to help to understand whether an “unfair competitor” violates the law and the way of violation. We are ready to use our knowledge and experience in order to suppress violations and deal with violators by lawful means.