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Given the long history of beer production and distribution, the application of general unfair competition or fair trade practices law is not specific to beer but cases centre around traditions connected to locations and brewing methods in advertising and marketing and mirror the cultural importance of as well as conflicts with health and morals around beer. The goal of protecting consumers as well as competitors ultimately serves the purpose of preserving the competitive process with respect to the notion of its fairness. The cases mentioned show an effort to protect the quality of the production of beer. Beyond that, while beer-related cases can be found in any section of unfair competition law, the focus is on sanctioning geographical deceptions as a supplement to the application of trademark law.
The excessive growth of the food supplements’ industry highlights the need to focus attention on all aspects involved in their proper consumption; one that takes centre stage is advertising. The aim of this research is to analyse the presence of false and misleading claims in food supplements advertising. To this end, a relationship is established between the different types of health-related claims and the substances on which they are based, whether authorised or not by European Food Safety Authority (EFSA).
Design:
This empirical work conducts a content analysis of all radio mentions broadcast throughout 2017 on news/talk radio stations.
Setting:
Spain.
Participants:
All radio mentions broadcast on news/talk commercial radio stations in Spain with the highest audience levels. The corpus is composed of 437 advertisements.
Results:
Results indicate that 80·3 % of function claims included in the analysed advertisements are not authorised by EFSA, while 20·4 % of disease claims are not allowed by EU regulation. Likewise, almost half of the substances referred to (43·7 %) are illicit: 54·1 % in function claims, 57·3 % in disease claims and 73·7 % in the case of reduction of disease risk claims.
Conclusions:
This work reveals consistent failures to comply with European regulation on food supplements advertising. The widespread use of unauthorised health claims and substances is aggravated by the indirect recourse of illness as a persuasive argument, descriptions of alleged benefits as product attributes and the omission of essential information. This leads to dangerous misinformation and can pose serious health risks. Stronger legal mechanisms are needed for effective consumer protection.
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