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) The essential characteristics of the good or service, namely: its substantial qualities, composition, accessories, origin, in particular with regard to the rules justifying the use of the terms “fabriqué en France” or “origine France” or any equivalent term, sign or symbol, within the meaning of the Union Customs Code on the non-preferential origin of products, its quantity, method and date of manufacture, the conditions of its use and its fitness for use, its properties and the results expected from its use, in particular its environmental impact, as well as the results and main characteristics of the tests and checks carried out on the good or service…;
c) The price or the method of calculating the price, the promotional nature of the price, in particular price reductions within the meaning of Article I of L. 112-1-1, price comparisons and the conditions of sale, payment and delivery of the good or service;
d) After-sales service, the need for a service, spare part, replacement or repair;
e) The extent of the advertiser’s commitments, particularly with regard to the environment, the nature, process or reason for the sale or provision of services ;
f) The identity, qualities, abilities and rights of the trader;
g) The handling of complaints and the rights of the consumer;
3° Where the person on whose behalf it is carried out is not clearly identifiable;
4° Where a good is presented as being identical to a good marketed in one or more other Member States when it has a different composition or characteristics.