Section 1: Comparative advertising

Any advertisement that compares goods or services by implicitly or explicitly identifying a competitor or goods or services offered by a competitor is lawful only if:1° It is not misleading or likely to mislead;2° It relates to goods or services that meet the same needs or have the same objective;3° It objectively compares one or more essential, relevant, verifiable and representative characteristics of those goods or services, which may include…

Comparative advertising may not: 1° Take undue advantage of the reputation attached to a trademark or service mark, a trade name, other distinctive signs of a competitor or the designation of origin as well as the protected geographical indication of a competing product; 2° Lead to the discrediting or denigration of the trademarks, trade names, other distinctive signs, goods, services, activity or situation of a competitor ; 3° Cause confusion…

For products benefiting from a protected designation of origin or geographical indication, comparison is only permitted between products each benefiting from the same designation or indication.

It is prohibited to display comparative advertisements as defined in articles L. 122-1 and L. 122-2 on packaging, invoices, travel tickets, means of payment or tickets for access to shows or venues open to the public.

The advertiser on whose behalf the comparative advertisement is disseminated must be able to prove within a short period of time the material accuracy of the statements, indications and presentations contained in the advertisement.

Press insertions for advertising defined in articles L. 122-1 and L. 122-2 do not give rise to the right of reply as defined by the Article 13 of the law of 29 July 1881 on the freedom of the press and the article 6 de la loi n° 82-652 du 29 juillet 1982 sur la communication audiovisuelle.

The terms of application of articles L. 122-1 to L. 122-6 are specified by decree in the Conseil d’Etat.