Gränsdragningen vid otillbörlig marknadsföring - Särskilt vid vilseledande reklam gällande utmärkande egenskaper

Sammanfattning: Companies and special interest organizations pays multiple millions each year in order to reach out with messages about that their products are biggest, best and most beautiful. The publicity happens among thing like TV, in brochures, on the Internet and in newspapers etc. places. This means that consumer permanently becomes affected of publicity, and is thereby in an exposed situation. Around the EU, the border of what to consider undue or not, have been in different levels. This has been noticed whereupon a directive comes in order to harmonize the law in all states, this in order to prevent that the competition will be limited. In Sweden we have had a relatively strict assessment on publicity in contradistinction to the other in EU, what might have the effect that the legislation will soften up. Companies tend to seek expressions like ”best”,” biggest” and ”most beautiful” in order to sting out when the competition increases on the market. According to MFL, it is allowable to use expressions that are subjective due to lack of an objective measurement. Thereby, it means that an expression like ”most beautiful” is allowable to use. When it comes to expressions like ”best” and ”biggest”, these are objective propositions. According to MFL, the one how made the propositions must be able to confirm its correctness. Can they not this, the marketing falls and is thereby undue according to MFL. There are however a pair criteria that must be met in order to intervene against an undue marketing. Partly it must have been a person within the intended target group that has been misled. Partly must he or she probable have taken a business decision that he or she would not have done otherwise. In order to assess if the marketing falls or not, a test is used with a so called average consumer. What this means is that the average consumer is used in a hypothetical assessment in order to see which reaction it would get in the given case. The average consumer is an intended person in the given target group that the marketing aims at. If it´s considered that the person in question would become mislead of the marketing, is it to be considered as undue.