Subsection 1: Misleading commercial practices

A commercial practice is misleading if it is committed in any of the following circumstances: 1° Where it creates confusion with another good or service, a trade mark, trade name or other distinguishing sign of a competitor; 2° Where it is based on false or misleading claims, indications or presentations relating to one or more of the following: a) The existence, availability or nature of the good or service; b)…

A commercial practice is also misleading if, taking into account the specific limitations of the means of communication used and the surrounding circumstances, it omits, conceals or provides in an unintelligible, ambiguous or untimely manner any material information or where it does not indicate its true commercial intent where this is not already apparent from the context. Where the means of communication used imposes space or time limits, in assessing…

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…

The provisions of articles L. 121-2 to L. 121-4 are also applicable to practices that target professionals and non-professionals.