Unofficial translation from Swedish into English of

Marknadsföringslagen (1995:450)

Object of the Act

Section 1

The object of this Act is to promote the interests of consumers and of trade and industry in connection with the marketing of products and to counteract marketing that is unfair to consumers and businessmen.

Scope of the Act

Section 2

The Act applies when a businessman markets or is he seeking to acquire products as part of his business.

The Act also applies to those television broadcasts by satellite subject to the Radio and Television Act.

Definitions

Section 3

In this Act:

Products: means goods, services, real property, job opportunities and other utilities.

Marketing: means advertisements and other measures taken in the course of business intended to promote sales and availability of products.

Good marketing practice: means good commercial practice or other established standards aimed at protecting consumers and businessmen when marketing products.

Electronic mail: means an electronic message that is addressed or in another way individualised in the form of text, voice, sound or image sent over a public communications network and which can be stored in the network or in the recipient’s terminal equipment until it is collected by the recipient.

Requirements concerning marketing

General requirements

Section 4

Marketing must be compatible with good marketing practice arid also in other respects be fair towards consumers and businessmen.

When marketing businessmen must provide such information as is of particular importance from the consumer perspective.

Advertising identification

Section 5

All marketing shall be designed and presented so that it is clearly indicated to be a matter of marketing.

It shall also be clearly indicated who is responsible for the marketing.

Misleading advertising

Section 6

When marketing a businessman may not make claims or other statements which are misleading as regards the businessman’s own or another businessman’s business operations.

This applies especially to statements relating to:

1. the nature, quantity , quality or other properties of the product
2. the origin use and environmental and health effect of the product
3. the product’s price, basis of pricing and conditions for payment
4. the businessman’s own or another businessman’s qualifications, market position, distinguishing marks and other rights
5. prices and awards given to the businessman.

Misleading packaging sizes

Section 7

When marketing a businessman may not use packages that by reason of their size or external design generally are misleading as regards the quantity, size or form of the product.

Misleading imitations

Section 8

When marketing a businessman may not use imitations that are misleading as they can easily be confused for another businessman’s known and characteristic products. However, this does not apply to imitations, the design of which primarily serves to make the product functional.

Comparative advertising

Section 8a

A businessman may in his advertisement directly or indirectly identify another  businessman or businessmen’s products, only if the comparison

1. is not misleading
2. relates to products that correspond to the same need or are intended for the same purpose,
3. in an objective manner relates substantially, relevant, verifiable and characteristic properties of the products,
4. does not involve confusion between the businessman and another businessman or between their products, trademarks, business names or other characteristic signs,
5. does not discredit nor is derogatory of another businessman’s operations, circumstances, products, trademarks, business name or other characteristic signs,
6. as regards products with a designated origin, always relates to goods with the same designation,
7. does not take unfair advantage of the reputation of another businessman’s trademark, business name or characteristic sign or the designation of origin of the goods, and
8. does not present a product as an imitation or copy of a product that has a protected trademark or business name.

When making comparisons relating to a special offer, it shall in a clear manner be indicated when the offer ceases to apply or, if the special offer is dependant upon the availability of the product, the limitations which then apply to it. If the special offer has not yet started to apply, this shall also be indicated clearly when the special price or the other special terms begin to apply.

Bankruptcy sales

Section 9

When marketing a businessman may only use the expression “bankruptcy”, whether alone or in association with another expression, if the product is offered for sale by a bankruptcy estate or for its account.

Clearance sales

Section 10

When marketing a businessman may only use the expression “final sale”, “clearance sale” or “closing” or another expression with a corresponding implication, if

1. it relates to a final sale of the whole of the businessman’s stocks or a clearly defined part of them
2. the sale takes place during a limited period of time, and
3. the prices are significantly lower than the businessman’s usual prices for corresponding products.

Bargain sales

Section 11

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