French Consumer Law is a comprehensive and comparative overview of French and EU law in this field, covering: advertising, unfair commercial practices, conditions for the validity of contracts, unfair terms, product conformity, latent defects, product safety.

French Consumer Law

The Larousse dictionary defines advertising (publicité) as an activity intended to promote a brand, to encourage the public to buy the product or to use the service concerned. The means and techniques used to achieve this end are also considered to be advertising. A more global definition of advertising covers all the actions taken by a commercial or industrial business to make itself known and to …

Advertising

The Larousse dictionary defines advertising (publicité) as an activity intended to promote a brand, to encourage the public to buy the product or to use the service concerned. The means and techniques used to achieve this end are also considered to be advertising. A more global definition of advertising covers all the actions taken by a commercial or industrial business to make itself known and to communicate regarding its products and/or services in order to promote their sale. A purely marketing view would be that advertising is the message intended to increase brand awareness or change the perception of consumers. 

In other words, advertising has two aims: the acquisition of a reputation and the incitement to purchase by exerting an influence on consumers' choices . An advertising message can be broadcast on various media using different techniques: written (mailing lists, e-mails), billboards, advertising at point of sale, media (press, television), internet. Advertising can also be disguised, such as in brand content or editorial advertising, which allows the brand to generate consumer interest in editorial content without any apparent link to it.

The large number of operators involved from the conception to the diffusion of the ad led the French legislature to regulate their interractions within the Law of 29 January 1993. The display of advertisments is strictly regulated, however we will not cover this aspect in the present work. For the other media, the main issue lies in the accuracy and fairness of the published message: the consumer to whom the advertisement is aimed must not be misled as to the qualities and virtues of the product or service concerned. Further, even though an advertising message may compare competing products or services, it must be objective and provide fair information to the consumer.

The Consumer Code now deals with misleading advertising and comparative advertising within two distinct sections: the first constitutes a prohibited commercial practice and the second, a regulated commercial practice.

French Consumer Law

34. Advertising

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Les notions juridiques connexes

34. Advertising

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Sous parties

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise