ARTICLE
1 August 2014

Dutch Advertising Code Committee Gives Superfast Ruling: Lidl Oversteps The Line With Formil

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In February 2014, the Dutch Consumers' Association tested whites detergents. Lidl's brand Formil Ultra Plus came second ("Best in the test").
Netherlands Media, Telecoms, IT, Entertainment
DaniëL Haije (Hoogenraad & Haak)’s articles from Global Advertising Lawyers Alliance (GALA) are most popular:
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In February 2014, the Dutch Consumers' Association tested whites detergents. Lidl's brand Formil Ultra Plus came second ("Best in the test"). Formil Aktiv came fourth ("Best Buy"). This prompted Lidl to advertise on a large-scale with "FORMIL THE BEST DETERGENT" with pictures of Formil Ultra Plus boxes and Formil Aktiv bottles as well as the distinctions they had been given. Unilever believed that such claims went too far. The fact that Formil did well in a test for whites detergents did not mean that Formil could call itself "best detergent." Lidl's advertising did not make it clear that the Consumers' Association had only tested whites detergents, nor did the pictures of the boxes and bottles show that this concerned only whites detergents. Unilever argued that in combination with the heading "FORMIL THE BEST DETERGENT," the false impression was given that the depicted detergents had come out best for all types of detergents.

Unilever requested the Advertising Code Committee deal with this case urgently. Little more than a week after the complaint had been filed, the Committee gave a ruling in favour of Unilever. Lidl's appeal was rejected and it changed its advertisements.

Unilever was assisted in this case by Daniël Haije.

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