CYPRUS Law and Practice Contributed by: Stelios Christophides and Vasilis Charalambous, George Z Georgiou & Associates LLC
2.2 Regulation of Advertising Claims All advertising claims are subject to regulation to the extent that they constitute unfair commercial practices or are contrary to the provisions of the CP Law 2021. However, certain exceptions may apply, depend - ing on the facts of each case. Most notably, the CP Law of 2021 specifies that a statement that was so clearly untrue that it was not intended to be believed would not be considered as unfair commercial prac - tice. There is no absolute requirement for empirical evidence before implied claims are determined by the courts/regulators, though such evidence would carry extensive persuasiveness. The courts/regula - tors implement an approach whereby advertisements are examined based on what the average consumer would understand claims to mean. 2.3 Substantiation of Advertising Claims In accordance with the CP Law 2021, it is a require - ment for advertisers to be able to substantiate adver- tising claims when they are investigated by the CPS and, for this purpose, they must have in their posses - sion the documentary evidence required to establish a true and accurate claim. This is aligned with the obligation that advertising claims are honest and are not misleading to customers. There is no distinction as to the type of substantiation necessary based on the nature of the claim. CARO’s Code stipulates that advertisers should be able to substantiate any claims made in their adver - tisements and, where testimonials are used, they must be authentic and centred on personal experience. As to claims for categories of goods such as food and beverages, all nutritional and health-benefit informa - tion should be reinforced by a complete scientific basis. 2.4 Product Demonstrations Product demonstrations are subject to similar stand - ards as all advertising claims, as stipulated in the CP Law 2021 and CARO’s Code. 2.5 Endorsements and Testimonials CARO’s Code provides that advertisers should be able to substantiate any claims made in their adver - tisements and, where testimonials are used, they must be authentic and centred on personal experience. It
is also worth mentioning that, under the Broadcast - ing Code of the RDSA, testimonials by children for advertising products addressed to children are not permitted. 2.6 Environmental Claims CARO’s Code contains specific provisions on envi - ronmental claims and a new chapter on environmental claims in advertising has been adopted, which should be read in conjunction with the general Advertising Code. The chapter contains detailed information as to what is expected in terms of information for envi - ronmental claims. There is a general provision that advertisements should not encourage behaviour that is contrary to what is generally considered as accept - able environmentally friendly behaviour. The following should be noted with regards to environmental claims. • Environmental signs or symbols should be used in marketing communication only when the source of those signs or symbols is clearly indicated and there is no likelihood of confusion over their mean - ing. • Environmental claims should not be presented in such a way as to imply that they relate to more stages of a product’s life cycle, or to more of its properties than are justified by the evidence. • Claims such as “environmentally friendly” or “eco - logically safe”, implying that a product or an activ - ity has no impact – or only a positive impact – on the environment, should not be used unless a very high standard of proof is available. • Any comparative claims should be specific, and the basis for comparison should be clear. Environmen - tal superiority over competitors should be claimed only when a significant edge can be demonstrated. Products being compared should meet the same needs and be intended for the same purpose. 2.7 Disclosures According to the CP Law 2021 In the context of an invitation to purchase, the following information is considered indispensable, unless it is inherently evi - dent within the specific circumstances. • Product characteristics – the primary attributes of the product, to the extent that these are pertinent
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