French Consumer Law
Auteurs : Louis Vogel, Joseph Vogel
Sommaire de l’ouvrage
Introduction
Title 1: Advertising
Section 1: EU Law
Section 2: General Rules
I: Scope of application
1°: Confusion
3°: Object of the message
4°: Lack of clear identification of the beneficiary of the practice
5°: Goods unduly presented as identical to other goods marketed in the Union
B: Misleading commercial practices by omission
C: Potential effect
D: Instantaneous Offense
III: Intentional element
IV: Sanction
Section 4: Aggressive Commercial Practices
Chapter 2: Other prohibited commercial practices
Title 3: Regulated commercial practices
Part 2: Sale
Part 3: After Sale
138. Emphasis
1 minute de lecture
Advertising discourse arises from slogans intended to produce the greatest possible impact in order to make an impression and stand out from competitors. Exaggeration in the field of advertising is treated with a certain benevolence by the courts, which consider that excessiveness does not mislead anyone. In this case, the advertisement is qualified as “emphatic” or “hyperbolic”.
For example, in a …
