The following are deemed to be misleading, within the meaning of articles L. 121-2 and L. 121-3, commercial practices aimed at :
1° For a professional to claim to be a signatory to a code of conduct when it is not;
2° To display a certificate, quality label or equivalent without having obtained the necessary authorisation;
3° To claim that a code of conduct has received the approval of a public or private body when this is not the case;
4° Asserting that a professional, including through his commercial practices or that a product or service has been approved, endorsed or authorised by a public or private body when this is not the case or failing to comply with the conditions of the approval, endorsement or authorisation received;
5° Offering the purchase of products or the provision of services at an indicated price without disclosing the plausible reasons that the professional might have for thinking that he will not be able to provide himself or have provided by another professional, the products or services in question or equivalent products or services at the indicated price, for a period and in quantities that are reasonable taking into account the product or service, the extent of advertising for the product or service and the price offered;
6° Offering the purchase of products or the provision of services at an indicated price, and then :
a) Refusing to show consumers the article that has been advertised;
b) Or refusing to take orders for these products or services or to deliver or supply them within a reasonable time;
c) Or showing a defective sample, with the aim of promoting a different product or service;
7° Falsely stating that a product or service will only be available for a very limited period of time or that it will only be available under specific conditions for a very limited period of time in order to obtain an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice;
8° Undertaking to provide an after-sales service to consumers with whom the trader has communicated prior to the transaction in a language which is not an official language of the Member State of the European Union in which the trader is established and, subsequently, providing that service solely in another language without clearly informing the consumer thereof prior to the consumer entering into the transaction;
9° Stating or giving the impression that the sale of a product or the provision of a service is lawful when it is not;
10° Presenting the rights conferred on the consumer by law as constituting a specific feature of the proposal made by the trader;
11° Using editorial content in the media to promote a product or service when the trader has financed the promotion himself, without clearly indicating this in the content or using images or sounds that are clearly identifiable by the consumer;
12° Making materially inaccurate statements concerning the nature and extent of the risks to which the consumer is exposed in terms of his personal safety or that of his family if he does not purchase the product or service;
13° Promoting a product or service similar to that of another clearly identified supplier, in such a way as to deliberately lead the consumer to believe that the product or service comes from that supplier when this is not the case;
14° Stating that the trader is about to cease his activities or establish them elsewhere when this is not the case;
15° Claiming that a product or service increases the chances of winning at games of chance;
16° Falsely claiming that a product or service is likely to cure illnesses, malfunctions or malformations;
17° Communicating materially inaccurate information on market conditions or on the possibilities of finding a product or service, with the aim of inducing the consumer to acquire it on less favourable terms than normal market conditions;
18° Stating, as part of a commercial practice, that a competition is being organised or that a prize can be won without awarding the prizes described or a reasonable equivalent;
19° Describing a product or service as being “free”, “free of charge”, “no charge” or other similar terms if the consumer has to pay anything other than the unavoidable costs associated with responding to the commercial practice and taking possession or delivery of the item ;
20° Including in an advertising medium an invoice or similar document requesting payment which gives the consumer the impression that he has already ordered the product or service marketed when this is not the case;
21° Falsely stating or giving the impression that the trader is not acting for purposes relating to his commercial, industrial, craft, liberal or agricultural activity or falsely presenting himself as a consumer;
22° Falsely creating the impression that after-sales service in relation to a product or service is available in a Member State of the European Union other than that in which the product or service is sold;
23° In an advertisement, giving the impression, through nationally coordinated promotional operations, that the consumer is benefiting from a price reduction comparable to that of sales, as defined in Article L. 310-3 of the French Commercial Code, outside their legal period mentioned in the same article L. 310-3 ;
24° To display a French flag, a map of France or any symbol representative of France on food packaging when the primary ingredients defined by Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 are not of French origin.
By way of derogation from 24° of this article, primary ingredients whose French origin is difficult or even impossible to guarantee, because they come from sectors that do not produce in France or whose production is manifestly insufficient in France, are excluded from the scheme;
25° Providing search results in response to a query made online by a consumer without clearly informing the consumer of any payment made specifically by a third party to obtain a better ranking for one or more of the products appearing in the search results or for one or more products to appear there;
26° Reselling tickets for events to consumers where the trader has acquired them using an automated means enabling him to circumvent any limit imposed on the number of tickets a person may purchase or any prohibition applicable to the purchase of tickets;
27° Asserting that opinions on a product are disseminated by consumers who have actually used or purchased the product without having taken the necessary steps to verify this;
28° Disseminating or causing to be disseminated by another legal or natural person false consumer opinions or recommendations or modifying consumer opinions or recommendations in order to promote products.