A pharma company was fined for 7 million HUF because of an unlawful commercial. Read the reason and short summary of the Hungarian Competition Authority’s (GVH) decision below.
GVH found Bayer’s commercial unlawful where the company advertised its Supradyn Kids multivitamin for children. GVH examined several commercials of the above-mentioned product – TV commercial which included SpongeBob bottle, advertisement in Nők Lapja Gyerek magazin, and a TV commercial recommending the product with a magic towel. The advertisement appearing in various platforms justified the amount of the fine.
What was exactly objected by GVH regarding the commercials? The law forbids to directly call children to buy the product and to call them to persuade their parents or any other adult to do so. In contrast – according to GVH’s decision – the company did call children directly in an unlawful way.
The authority took into consideration many aspects: the channel the ad was aired on is watched by children; the term ‘look for them’ calls the children directly. In addition, the ads had dynamic and playful graphics which sparks children’s interest, and packing the product with toys makes it extra attractive for minors.
The examination covered three commercials advertising multivitamin packed with attractive accessories (bottle, magic towel and glowing yoyo). Although GVH terminated the examination regarding other tools used in the commercials, because unlawful direct call was not proved – regarding the commercial’s appearance, content and wording.
GVH considered as a fine reducing aspect – overall in an extent of 30% – that the company acknowledged the infringement and developed a stricter control mechanism over its commercials because of the GVH procedure.