The fact that there are differences in the extent to which you might like to eat certain food products depending on their place of production, the ingredients and who produced them, does not, the European Court of Justice (ECJ) has said in Lidl SNC v Vierzon Distribution SA C-159/09, preclude the possibility that an advertisement comparing such products (by reference to price alone, as opposed by reference to any of their other attributes) will fall within the boundaries of permitted comparative advertising, provided the advertisement is not misleading.
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Lidl SNC v Vierzon Distribution SA: comparative advertising and products sold in supermarkets
- McDermott Will & Emery
- Rohan Massey, Francesco Mattina, Gary Moss, Vincent Schröder, Hiroshi Sheraton and Boris Uphoff
- European Union
- January 25 2011
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Senior Patent Counsel
Royal DSM NV