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Office of Competition and Consumer Protection

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RenoPuren Zatoki - decision of the UOKiK

< previous | next > 27.11.2017

RenoPuren Zatoki - decision of the UOKiK
  • The manufacturer of the RenoPuren Zatoki Hot and RenoPuren Zatoki Junior dietary supplements for people suffering from sinus infections was held to have relied on misleading advertising.
  • The dietary supplements were advertised in a manner suggestive of actual medical properties.
  • The President of the UOKiK imposed a penalty in the amount of almost PLN 26 million on the manufacturer thereof, Aflofarm Farmacja Polska.

The proceedings against Aflofarm Farmacja Polska with registered office in Pabianice were initiated in the early April of 2016. The questionable advertising, distributed both online and on television in 2015 and 2016, pertained to the RenoPuren Zatoki Hot and RenoPuren Zatoki Junior dietary supplements, designed for persons suffering from sinus infections.

Dietary supplements do not cure diseases, nor do they prevent such diseases from occurring. On the contrary, they are simply a type of food products. In the view of the Competition Authority, the RenoPuren Zatoki Hot and RenoPuren Zatoki Junior dietary supplements were advertised in a manner suggestive of actual medical properties. This was due both to the story included in the advertising (for example, the actress featured in the RenoPuren Zatoki Hot television commercials would say that all her sinusitis-related problems were gone after she started using the dietary supplement advertised), the set design (suggesting that the protagonist of the commercials was a physician) and the lines spoken during the commercials (such as: “No longer cancelling any appointments? – No, with RenoPuren my sinuses are just fine now”; in addition, there were also advertising slogans such as “relieves sinus blockage”, “increases immunity” or “healthy sinuses for good”).

At the request of the UOKiK, the TNS market research company examined the way in which the impugned advertising resonated with the audience. The results of the study confirm the allegations of the Competition Authority, namely that a substantial group of consumers was inclined to think that the products advertised possessed medical properties. Members of the audience perceive these dietary supplements as products which may bring effective relief in case of sinus problemsThe studies have confirmed that the consumers who watched the RenoPuren Zatoki Hot and RenoPuren Zatoki Junior commercials were misled as to their properties, being convinced that the products advertised were in fact medical products. However, dietary supplements are not medical products, but simply a type of foodstuff. They are not designed to cure diseases – says Marek Niechciał, President of the Office of Competition and Consumer Protection. – Consumers are unable to differentiate between dietary supplements and medical products on their own; for the above reason, the properties of the given product must be expressly stated in the associated advertising. The audiences are inclined to perceive medical products as more attractive than mere dietary supplements. In addition, misleading information contained in the advertising may have encouraged parents to refrain from making an appointment with the doctor, giving their children the RenoPuren Zatoki Junior dietary supplement instead – Marek Niechciał adds.

The penalty for misleading advertising amounted to nearly PLN 26 million (PLN 25 809 824). The company has already made changes to the commercials which were held by the UOKiK to contain misleading information. In addition, Aflofarm Farmacja Polska was placed under an obligation to publish, at its own expense, statements to the effect that it has misled its customers. These statements shall be aired on TVP 1 and Polsat as well as released on Youtube once the decision becomes final and legally binding. The company appealed against the decision to a court of law. Another set of proceedings against Aflofarm Farmacja Polska pertaining to the Magmisie dietary supplement is still underway.

Additional information for the media:

UOKiK Press Office
pl. Powstańców Warszawy 1, 00-950 Warszawa

Phone: 695 902 088
E-mail: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]

Twitter: @UOKiKgovPL

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