Legal assessment of promotional content (advertisements, newsletters, announcements)

Advertising is one of the key sales tools. It allows entrepreneurs to reach customers and build interest in their products or services. Growing competition means that marketing messages are becoming increasingly intense. However, before launching a campaign, it is worth verifying its compliance with regulations to avoid the risk of financial and reputational sanctions.

Find out how we can support you in the legal assessment of promotional content.

Why is it worth auditing promotional content from a legal perspective?

Advertising is an indispensable element of economic activity, but it is subject to numerous legal restrictions. The legislator protects both consumers and the principles of fair competition. Violation of the regulations may result in severe penalties, so it is worth conducting a legal analysis of a campaign before it is published.

RPMS Law Firm provides comprehensive support in the verification of marketing campaigns. We analyse both extensive advertising activities and individual materials – advertisements, newsletters and sales communications. We provide specific recommendations and proposed solutions. We also offer flat-rate settlements for entities in the advertising industry.

Requirements of the Omnibus Directive

One of the most commonly used marketing mechanisms is price promotions. Price reductions effectively attract customers, but communicating them must comply with the requirements of the Omnibus Directive. These regulations introduce an obligation to provide transparent information about reductions so that consumers can realistically assess the scale of savings.

The regulations also impose an obligation to verify customer reviews. It is unacceptable to create a positive image of a product through artificial ‘likes’ or unreliable reviews. The seller should ensure that the reviews come from people who have actually made a purchase.

As part of our analysis of compliance with the Omnibus Directive, we assess, among other things:

• the manner of informing about price reductions,
• rolling promotions, conditional and tied sales,
• discount codes, loyalty programmes and promotional materials,
• the review system operating in the online shop.

Questions about online advertising? Contact us at: kancelaria@rpms.pl.

Advertising restrictions for regulated industries

Industries in the YMYL (Your Money – Your Life) sector and entities offering sensitive products and services, particularly in the areas of health and finance, are subject to special restrictions. In addition to general regulations, they are subject to additional sector-specific regulations relating to specific categories of activity.

Do you need quick legal advice before launching an e-commerce campaign for sensitive products? Call us on: 61 307 09 91.

Medical industry

Advertising of medical devices and specialist services must comply with the requirements of numerous legal acts, as well as the Code of Medical Ethics and resolutions of the Supreme Medical Council. Correctly determining the scope of permissible information in marketing communications can be complicated.

Restrictions on providing information about medical services may include:

• encouraging the use of health services,
• describing treatment methods, their effectiveness and duration in a way that suggests a guaranteed effect,
• presenting prices and payment methods outside of permitted information channels,
• emphasising the quality of medical equipment in a promotional manner.

Advertising of a medical device may not:

• attribute functions or properties to it that it does not possess,
• create a misleading impression as to the effectiveness of treatment or diagnosis,
• omit information about the risks associated with its use,
• suggest uses beyond the intended purpose confirmed by the conformity assessment.

Additional restrictions include, among others, the use of a doctor's image, targeting children or advertising products intended exclusively for professionals.

Financial industries

The financial sector is subject to particularly stringent regulations. Restrictions apply both to the use of specific terms (e.g. ‘bank’, ‘cash desk’, ‘electronic money issuer’) and to the advertising of specific products – structured deposits, cryptocurrencies, loans, financial instruments or CFDs.

Marketing messages should be clear and accurate, containing information about the terms and conditions of the offer, costs, risks and, where applicable, the right to withdraw from the contract.

Advertising that violates the principles of fair competition

Every entrepreneur, regardless of their industry, should adhere to the general principles of fair market communication. The Act on Combating Unfair Competition is particularly important in this regard. The following are considered acts of unfair competition:

• advertising that is contrary to the law, good manners or human dignity,
• advertising that is misleading and may influence purchasing decisions,
• messages that appeal to fear, superstition or the credulity of children,
• promotional content masquerading as neutral information,
• actions that constitute a significant invasion of privacy, e.g. intrusive solicitation or unsolicited mailings.

Comparative advertising, although permissible, must meet certain legal requirements. Failure to comply with these requirements may lead to legal disputes and the obligation to withdraw the campaign.

What are the consequences of violating advertising restrictions – specific examples

Incorrect advertising may result not only in financial penalties, but also in the obligation to withdraw materials from the market. Examples from the market show the scale of the risk:

• Olimp Laboratories Sp. z o.o. – a fine of PLN 5 million for incorrect labelling of sponsored materials in cooperation with influencers,
• Henkel Polska S.A. – the need to withdraw an expensive advertising campaign after a dispute with the INCO group (manufacturer of the Ludwik brand),
• Aflofarm Fabryka Leków Sp. z o.o. – sanctions and suspension of advertising for NeoMag Cardio and NeoMag Forte products,
• Jeronimo Martins Polska – a fine of PLN 115 million for practices infringing the collective interests of consumers.

Legal assessment of promotional content – how can we help you?

Are you planning an advertising campaign and want to make sure it complies with the regulations? We offer consulting, content reviews and recommendations for practical solutions. We support, among others, the financial, medical, gambling and alcohol sales sectors. Our support allows you to implement marketing activities on time and in full compliance with the law. Visit our website: https://rpms-legal.com/