Advertising law

Advertising law

Conducting advertising campaigns and formulating advertising claims have become progressively challenging as legislation continues to expand and enforcement becomes more stringent. It is not only competitors who are vigilant, but government authorities are also taking enforcement actions in an increasing range of areas. At Brinkhof, our lawyers have the necessary experience to navigate this complex landscape.

Government enforcement

Nowadays, consumer law enforcement has become increasingly assertive and is one of the main focuses of the Netherlands Authority for Consumers & Markets (ACM). The regulations are often very detailed and non-compliance can lead to fines amounting to 1% of annual turnover. We offer guidance throughout the investigation process as well as support in challenging fines and contesting decisions through court proceedings.

Competitors among themselves

The more competitive an industry is, the more closely competitors scrutinise one another. Even a minor inaccuracy or a misinterpreted comparison can quickly escalate into various legal actions. It is crucial, therefore, to thoroughly examine advertising claims in advance and, if necessary, take appropriate action if a competitor oversteps the line. Gaining market shares can be challenging, and they can easily be lost. At Brinkhof, our lawyers excel in effectively addressing these challenges.

Specialists in pharmaceutical advertising law

Some sectors are subject to special and often stricter regulations compared to regular consumer products. This is particularly true for medicines, especially prescription drugs. The pharmaceutical sector is governed by highly specific and strictly enforced rules. At Brinkhof, you will find lawyers who possess a deep understanding of this field and are recognised specialists in pharmaceutical advertising law.