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

Under Article L. 122-1, 1° (former Article 121-8, 1°) of the Consumer Code, the comparative advertisement must not be misleading, or likely to mislead. Article L. 132-25 (former Article L. 121-14) of the Consumer Code does not provide for a specific penalty in case of violation of this provision, but refers to the penalties provided for in Articles L. 121-2 et seq. of the Consumer Code, which sanc …

Misleading advertising

Under Article L. 122-1, 1° (former Article 121-8, 1°) of the Consumer Code, the comparative advertisement must not be misleading, or likely to mislead. Article L. 132-25 (former Article L. 121-14) of the Consumer Code does not provide for a specific penalty in case of violation of this provision, but refers to the penalties provided for in Articles L. 121-2 et seq. of the Consumer Code, which sanction misleading commercial practices .

Criminal sanctions are particularly dissuasive, especially since their significant reinforcement by the Hamon Law of 17 March 2014. Now, misleading commercial practices are punishable by two years' imprisonment and a fine of EUR 300,000 . In addition, the amount of the fine can be increased, in proportion to the benefits derived from the breach, to 10% of the annual average turnover, calculated on the last three turnovers known on the date of the events, or 50% of the expenditure incurred for the advertising or practice constituting the offense .

The investigating judge or the court hearing the prosecution may also order the cessation of the misleading commercial practice, either on the request of the public prosecutor's office, or ex officio. The measure thus taken shall be enforceable notwithstanding any means of appeal. Release may be given by the court that ordered it or to which the matter is referred. The measure ceases to have effect in case of a decision of dismissal or acquittal . The display or dissemination of all or part of the decision or of a release informing the public of the reasons and verdict of the decision may also be ordered, and the dissemination, at the expense of the convicted person, of one or more corrective announcements .

Notwithstanding the reclassification of the offense of misleading advertising as a misleading commercial practice, the solutions adopted in the past remain applicable. Under the former wording of Article L. 121-2, case law admitted that an advertisement could be criminally sanctioned when it compared the price of products with significant differences in quality or composition , not representative of the average purchases of consumers and in an insufficient number to allow for generalization , or not clearly identified .

CA Caen, 22 July 2021, LawLex202200000786JBJ, having held that a comparative advertisement between two supermarket chains cannot be considered as misleading, even if it is based on erroneous elements within the limit of 45 incorrect prices out of 227 quoted, when it is not demonstrated that consumers, informed that the price of a full shopping cart of one of the chains is 13% and not 15.9% more expensive than the other, would have materially altered their economic behavior.

 Consumer Code, Article L. 132-2 (former Article L. 121-6). Previously the fine was limited to EUR 37,500.

 Before the Hamon Law, the fine could only be increased to 50% of the advertising expenditure incurred.

 Consumer Code, Article L. 132-8 (former Article L. 121-3).

 Consumer Code, Article L. 132-4 (former Article L. 121-4).

 CA Agen, 23 May 2005, LawLex200600001191JBJ. See earlier case: Cass. crim., 16 October 1996, LawLex200300002641JBJ, upholding CA Metz, 10 May 1995, LawLex200300001357JBJ.

 Cass. crim., 28 June 2011, LawLex201200001040JBJ.

French Consumer Law

310. Misleading advertising

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

310. Misleading advertising

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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