Brussels, 12 December 2007
Consumers: New EU rules crackdown on
misleading advertising and aggressive sales practices
Just two weeks before Christmas, sweeping new EU
rules to crackdown on misleading advertising and aggressive selling practices -
including a ban on fake "free" offers and a ban on "pester power" advertising
(direct exhortation) to children on the Internet - will come into force across
the EU (December 12 2007). These restrictions are part of an extensive black
list of schemes which are banned by the new Unfair Commercial Practices (UCP)
Directive – targeting in particular a "dirty dozen" of the some of the
most abusive practices, from bait advertising, to pyramid schemes, advertorials
and false curative health claims which are used against consumers. The UCP
Directive substantially reinforces existing EU standards on misleading
advertising and sets new EU standards against aggressive commercial practices -
covering harassment, coercion, undue influence. The Directive aims to boost
consumer and business confidence in the Single Market so people can fully
benefit from shopping cross border. To date only 14 Member States have
implemented the directive. The Commission has launched proceedings against
Member States that have not yet adopted any national rules.
EU Consumer Commissioner, Meglena Kuneva said: "Unfair practices rip-off
consumers and distort competitive markets. There can be no place in Europe's
Single Market for traders who pressure, bully or mislead people, particularly at
Christmas the busiest shopping time of the year. That's why Europe is taking the
lead; these are some of the toughest rules on misleading and pressure selling in
The new rules
There are 4 key elements in the new Directive:
- A General Clause: A far reaching general clause defining practices which are
unfair and therefore prohibited
- Misleading Practices (Actions and Omissions) and Aggressive Practices - the
two main categories of unfair commercial practices - are defined in detail.
- Safeguards for vulnerable consumers: The Directive contains provisions that
aim at preventing exploitation of vulnerable consumers
- Black List: An extensive black list of practices which are banned in
The "Dirty Dozen" – the Black list
A black list sets out over 30 schemes that are in all circumstances
considered unfair. It includes a "dirty dozen" of schemes which are well known
to cause consumer detriment:
- 1. Bait advertising: Lures the consumer into buying from a company by
advertising a product at a very low price without having a reasonable stock
- 2. Fake "Free" offers: Falsely creating the impression of free offers
by describing a product as "gratis", "free", "without charge" or similar if the
consumer has to pay anything other than the unavoidable cost of responding to
the commercial practice and collecting or paying for delivery of the item.
- 3. Direct exhortations to children to buy advertised products "Go buy
the book now" or to persuade their parents or other adults "pester power" to buy
advertised products for them. "A new video Alice and the magical book from Fondi
is now out – tell your mum to get it from the local news agency." Direct
exhortation to children is banned for television; the black list extends it to
all media, most importantly to internet advertising.
- 4. False claims about curative capacity - from allergies to hair loss
to weight loss.
- 5. Advertorials: Using editorial content in the media to promote a
product where a trader has paid for the promotion without making that
- 6. Pyramid schemes: A pyramid promotional scheme where compensation
is derived primarily from the introduction of other consumers into the scheme
rather than from the sale or consumption of products.
- 7. Prize Winning: Creating the false impression that the consumer has
won a prize when there is no prize or taking action to claiming the prize is
subject to the consumer paying money or incurring a cost.
- 8. Misleading impression of consumers’ rights: Presenting
rights given to consumers in law as a distinctive feature of the trader's.
- 9. Limited offers: Falsely stating that a product will only be
available for a very limited time to deprive consumers of sufficient opportunity
to make an informed choice.
- 10. Language of after-sales service: Undertaking to provide
after-sales service to consumers and making such service available only in
another language without clearly disclosing before the consumer is committed to
- 11. Inertia Selling: Demanding immediate or deferred payment for or
the return or safekeeping of products supplied by the trader, but not solicited
by the consumer.
- 12. Europe-wide guarantees creating the false impression that
after-sales service in relation to a product is available in a Member State
other than the one in which the product is sold.
mean free – case study
In September 2007, Mr. Folcini from Italy signed for a new e-mail address.
He noticed a small box at the bottom of the internet screen saying 5 free texts
per day. He clicked and went to another page which said, 5 FREE TEXTS PER DAY.
He followed the instructions and a second text informed him that he was
registered and that the charge for the service was three euros per week. He went
to back to check and the site did state in tiny letters that it was a paid
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