Comparative advertising
The legal framework for advertising in France: protecting your communications
By Yasmine EDDAM4 May 2025Advertising is an essential driver of economic activity, enabling companies to publicise their products and services. However, this freedom of commercial expression is not absolute. French law strictly regulates advertising practices to ensure fair information and protect consumers against abuse. Navigating this complex legal framework is essential for any company concerned about its reputation and wishing to avoid potentially heavy penalties. This article provides an overview of the applicable rules, particularly as regards misleading and comparative advertising. Why provide a legal framework for advertising? The need for a legal framework for advertising is twofold: to preserve the freedom of trade and industry while ensuring consumer protection and fair competition. The balance between freedom of commercial expression and consumer protection The principle is freedom of commercial communication. A company must be able to boast about its...
Misleading advertising: definition, constituent elements and penalties
Commercial, business and competition law, Comparative advertisingIn a competitive commercial environment, advertising is an essential tool for companies wishing to promote their products or services. However, this communication must comply with strict rules to ensure that consumers are provided with fair and transparent information. The line between an advantageous presentation and a misleading claim can sometimes be...Comparative advertising: conditions of validity and pitfalls to avoid
Commercial, business and competition law, Comparative advertisingComparative advertising is a powerful marketing communication tool, attracting interest from advertisers and suspicion from competitors alike. By comparing the characteristics or prices of goods or services with those of a rival company, comparative advertising can help consumers to make the right choice, but it can also lead to practices that are...
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