Facebook posts Ab Fab commercial

The advertising commission received a complaint about a liked message on the Facebook account of a grand café. The ad shows Patsy and Edina, who are apparently famous for being in a TV show called “Absolutely Fabulous”. The ladies claim that:“If anyone tells you it’s too early to drink wine… unfriend them. You don’t need that kind of negativity in your life!”.The plaintiff states that this message is in contravention with paragraph 14 of the Advertising Code. It encourages people to start drinking early and pretends that the risks of addiction are something to laugh at.

The defendant claims this is not his intention at all. The message is merely meant as a joke and was shared by accident. The Advertising Commission agrees with this. The message was clearly a joke and if anything ridicules excessive alcohol consumption.
However, liking messages is a form of advertising. The message should have contained a disclaimer “No 18, No alcohol” or something of the kind. A disclaimer is obligated, also for use on the internet, which includes liked messages on Facebook. The message is therefore in contravention with paragraph 33 of the Advertising Code and the advertiser was requested on to advertise in this way any longer.


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MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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