Most advertising campaigns reaching the market contain small nuances that may qualify as misleading or comparative advertising, even when there is no intention of deceiving consumers.
From our experience, the most common mistakes are:
- absolute claims (“no. 1”, “the best”, “market leader”) without sufficient evidence
- implicit comparisons that activate comparative advertising rules
- omission of essential conditions (limits, terms, stock)
- inconsistent price reductions
These issues may lead to:
- fines from the competent authorities
- obligations to correct or withdraw campaigns
- unfair competition disputes
- significant reputational damage
And most of the time, a single misplaced sentence is enough to trigger all of this.
A preventive legal audit of advertising campaigns allows claims, warnings, disclaimers and supporting evidence to be adjusted before publication.
Small adjustments prevent big problems.
At Belzuz Abogados, S.L.P., we assist our Clients in the preventive review of advertising claims, digital campaigns, videos, price-reduction campaigns, comparative advertising, supporting evidence and mandatory documentation.