Guidelines for Supervising Promotions
Introduction
These guidelines are intended to provide businesses with a framework for developing and implementing promotional activities that comply with applicable laws and regulations.
Definition of a Promotion
A promotion is any commercial practice, whether or not tied to a sale, sale at a discount, or any other form of sale, that aims to promote the sale of a product or service to consumers.
Scope of Application
These guidelines apply to all promotional activities carried out by businesses in France.
Principles of Good Promotional Practice
Promotional activities should be:
- Truthful and Accurate: Information provided in promotional materials should be accurate and not misleading.
- Fair and Non-Deceptive: Promotions should not create a false or exaggerated impression or omit essential information.
- Transparent and Understandable: The terms and conditions of promotions should be clearly and prominently displayed.
- Respectful of Consumer Rights: Promotions should not violate consumer rights, such as the right to information, the right to cancel, or the right to a refund.
Specific Requirements for Promotional Activities
- Comparative Advertising: Comparative advertising is allowed, but it must be fair and not denigrate or discredit competitors.
- Sales: The advertised price must be the lowest price at which the product or service has been offered in the preceding 30 days.
- Discounts: Discounts must be calculated from the regular price, and the regular price must be displayed alongside the discounted price.
- Free Offers: Free offers must be genuine and not subject to hidden costs or conditions.
- Gifts: Gifts must be of substantial value and not used as a way to artificially inflate the perceived value of the promotion.
- Contests and Sweepstakes: Contests and sweepstakes must be conducted fairly and in accordance with applicable regulations.
Enforcement
The French Competition Authority (FCA) is responsible for enforcing these guidelines. Businesses that engage in unfair or deceptive promotional practices may face penalties, including fines and injunctions.
Additional Resources
- French Code of Commercial Conduct (Code de commerce)
- French Consumer Protection Code (Code de la consommation)
- FCA website: www.autoritedelaconcurrence.fr/fr/
Lignes directrices relatives à l’encadrement des promotions
The AI has provided us with the news.
I’ve asked Google Gemini the following question, and here’s its response.
Please search for “Lignes directrices relatives à l’encadrement des promotions” which is rapidly rising on economie.gouv.fr and explain in detail. Answers should be in English.
68