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N. Malinauskas 15 minutes admitted to receiving many calls these days. The water produced by the company was made a “star” by Labor Party leader V. Uspaskich, who began offering people to drink it to protect against the coronavirus or even treat it after COVID-19.
“We are a producer of natural mineral water. Everything, – said N. Malinauskas. – In this place is our responsibility, all the information in that place ends. Our natural mineral water has a unique composition, it is classified as a water with strong mineralization The medium has potassium, magnesium Potassium is very high.
Photo from vaistai.lt/ Water offered by Lamikara
But we are talking about minerals. Everything else… I know what you’re doing, but that’s why ask the person who screwed up, ”suggested the businessman.
Laughing that water had at least become popular, the interlocutor sighed: “God forbid.”
See violations of the Advertising Act.
However, Vytautas Mizaras, professor and lawyer at Vilnius University, warns that this announcement may bring inconvenience.
“Even the advertising of water, such an innocent and essential product for everyone, can be subject to sanctions,” he said on a Facebook account.
By law, advertising must be decent and fair. Advertising is prohibited if it abuses, among other things, prejudice, people’s trust, lack of experience or knowledge, if it is misleading.
And in determining whether an ad is misleading, criteria of accuracy, completeness, and presentation will be considered, including whether the claims made in the ad are incorrect, unless the advertiser can verify the accuracy of those claims at the time of their use (<...> the testimonies and recommendations of people whose competence is not related to the content of the information provided are not recognized as data that supports the veracity of the statements presented), ”said V. Mizaras.
Sigismund Gedvila / 15min photo / Vytautas Mizaras
When asked if even live statements on a social network can be considered advertising, the lawyer 15 minutes stated that it was “information disseminated in any form and by any means in relation to the economic, commercial, financial or professional activities of a person that promotes the acquisition of goods or services, including the acquisition of real estate, the transfer of rights of property and obligations “.
The interlocutor also mentioned the issue of advertising activity (advertiser, advertising service provider). An advertiser is a person on whose initiative and interests advertising is used (ordered, produced, disseminated). And the advertising service provider provides the services of an advertising producer, an advertiser and / or an advertising intermediary. According to the lawyer, V. Uspaskich can be considered an advertising service provider, because he spreads advertising.
V. Mizaras also pointed out that the Code of Administrative Offenses provides for the administrative liability of natural persons for the use of misleading advertising – a fine of 300 to 560 euros, and for non-compliance with other requirements and prohibitions on the use of advertising – a fine of 140 to 300 euros.
Investigations will be initiated by at least two services
Ordinary residents have also started responding to COVID-19 water treatment proposals. Kristijonas Lukas Bukauskas submitted an application to the Ministry of Health, the State Service for the Protection of Consumer Rights and the State Food and Veterinary Service.
Facebook photo / Kristijonas Lukas Bukauskas’s application for water announced by Viktoras Uspaskichs
“Yesterday, in the public domain, Uspaskich MEP announced the purchase of water that supposedly helped to gain immunity against COVID-19 and that this water was supposed to help those who were already sick, they lacked my patience and tolerance for the misinformation and potentially misleading advertising. ” , – he wrote on his Facebook account.
KLBukauskas asked the aforementioned institutions to assess whether such information is not misleading advertising for consumers, whether the distribution of a product of this type is safe and to take all possible measures to ensure that “the public with less medical knowledge is not misled. “.
The Advertising and Unfair Business Practices Division of the State Consumer Rights Protection Service (SFVS) responded by monitoring the non-food market. Research on food advertising is carried out by the State Food and Veterinary Service. Therefore, the investigation will be initiated by the latter in this case.
The Ministry of Health, for its part, indicated that it had instructed the State Agency for Drug Control to examine the application.
Food cannot be attributed medicinal properties
In response to public information and consumer reports, the SFVS announced the launch of an investigation into a potentially misleading ad campaign offering consumers to purchase water to help prevent COVID-19 or to treat pre-existing conditions.
According to the information provided on the social network, the contacts of the natural mineral water company were provided between the aforementioned distributors. An investigation has been initiated against this company regarding misleading and prohibited claims about the treatment and prevention of diseases used in the promotion of natural mineral water, ”the service said in a statement.
Photo by Julius Kalinskas / 15min / Drinking water tap
According to SFVS, food traders must have legalized this activity, that is, registered food business operators. According to the primary data, the advertised product is manufactured by UAB Lamikara, a company registered in Rokiškis. This company is a food management entity registered with the SFVS and has the right to produce natural mineral water from spring 2020. In accordance with the requirements of European Union (EU) legislation, the conditions for production and preparation of natural mineral water are strictly regulated.
“Doctors and public health professionals emphasize that natural mineral water and other foods do not have medicinal properties and are not used for the prevention and treatment of the COVID-19 coronavirus infection. Vaccines are the primary and most effective means of preventing COVID-19 coronavirus infection, ”the service said.
In Lithuania, as in other EU countries, both in the labeling, presentation and advertising of various foods, they cannot be attributed in any way medicinal or prophylactic properties: they are very clearly defined and strictly regulated, and their use is possible with solid research data and only with the permission of the European Commission. “
Any information related to drinking water, food or food supplements to help prevent or cure COVID-19 is prohibited, and consumers are encouraged to critically examine information disseminated in various ways and not be misled by misleading advertising and COVID 19 for the prevention or treatment of disease.
If during the investigation it is established that the producer or distributor of said water has ordered false advertising, a process will be initiated against him for violation of the Advertising Law.
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