CZECH REPUBLIC Law and Practice Contributed by: Irena Lišková, Ladislav Mádl, Eliška Říhová and Adam Vymazal, Randl Partners
2.2 Regulation of Advertising Claims Any claim included in an advertisement must comply with the general rules of advertising. Claims, whether express or implied, cannot be misleading, deceptive, or false; otherwise, they may be prohibited under the Consumer Protection Act. On the other hand, the use of claims that cannot be objectively measured (ie, puff - ery) is generally permitted. However, it must be clear that the relevant claims or statements or other means of expression constitute puffery, with the assessment being made from the point of view of consumers who might be influenced by the advertising. 2.3 Substantiation of Advertising Claims There are no rules specifically concerning the substan - tiation of advertising claims. Under both the Advertis - ing Regulation Act and the Consumer Protection Act, the supervisory authority may require the advertiser to submit evidence supporting the truthfulness of the factual statements (claims) made in the advertisement, provided that such requirement is proportionate to the circumstances of the case and respects the legitimate interests of the advertiser or any other related party. If the proof is not provided, or if it is deemed insufficient, the factual claims are deemed incorrect. 2.4 Product Demonstrations General rules shall apply – ie, advertising must: • comply with applicable law • be fair; • not be contrary to good morals or attack political beliefs; and • not promote behaviour that is detrimental to health, endangers the safety of persons or property, or that is detrimental to environmental protection interests. Furthermore, certain provisions included in sector- specific regulation (food, tobacco, etc) also apply. Moreover, the list of unfair practices stipulated in the Consumer Protection Act also includes certain prac - tices related to product demonstrations – for example, a practice is always deceptive if the seller: • offers a product or service for purchase at a certain price and then refuses to show it to the consumer,
refuses to accept an order, fails to deliver the prod - uct or service within a reasonable time, or presents a defective product, with the intention of promoting another product or service instead; or • represents that they, their product or the service they provide have been approved, endorsed or authorised when this is not the case, or when such representation does not comply with the terms of the approval, endorsement or authorisation. Specific rules are in place for organised events for a limited number of consumers. Lastly, there is also special regulation for teleshop - ping on radio, TV and on-demand audiovisual media services. 2.5 Endorsements and Testimonials If any endorsements or testimonials are used in adver - tising, they must not be misleading (the general rules prohibiting misleading advertising apply). If a seller provides access to a consumer review, the information on whether and how the seller ensures that the published consumer review comes from a consumer who has used or purchased the product or service is essential. Failure to provide this information is a misleading omission, constituting a misleading commercial practice. The Code of Advertising Practice stipulates that the media (including metaverse operators, computer game producers, communication platforms, and influ - encers) are responsible for disseminating advertising. It sets out specific self-regulation rules on personal recommendations in advertising, in particular: • ads must not contain or refer to any personal recommendations or endorsements if such recom - mendations or endorsements are not true or if they are not based on the personal experience of the person making the recommendation over a reason - able period of time; and • personal recommendations must not include any claims about the positive effects of the product unless there is reliable evidence of such effects.
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