Following Europe

Advertising is one of the most effective ways that a trader can bring a product to a consumer’s or another trader’s attention. Given the potential benefits of advertising to both traders and consumers, it is important to prevent its abuse, notes Sean Murphy (a legal advisor and director of legal training and development at the Competition and Consumer Protection Commission).

In Ireland, we have followed European initiatives to control misleading and comparative advertising. A number of legislative developments have created a complex trail for those seeking to access and understand the current state of play.

A complex web

The implementation of the Unfair Commercial Practices Directive (UCPD) and the Misleading and Comparative Advertising Directive (MCA) has led to a distinction between misleading business-to-consumer advertising and misleading business-to-business advertising.

The existence of two similar instruments catering for different commercial relationships has caused some confusion, as evidenced in two separate High Court proceedings. The MCA limits protection to traders. It follows, writes Murphy, that seeking relief against misleading advertising claims aimed at consumers must be taken under the UCPD.

Murphy’s detailed article in the November Gazette delves into recent case law, and untangles the overlapping legislation designed to protect both consumers and traders.

• Read his full article in the November Gazette

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