The code of advertising ethics is being tightened at several points

By: Trademagazin Date: 2023. 06. 27. 10:38

The self-regulatory document of the advertising industry, which will enter into force at the end of the month, imposes new, sometimes even stricter requirements on advertisements than the current EU directives, warns the Baker McKenzie law firm. Many industries therefore need to review their advertising practices.

The Self-Regulatory Advertising Agency and the Hungarian Advertising Association have recently significantly modified and 24 professional organizations have already signed the Hungarian Advertising Code. The revised code will enter into force on June 30, and its main topics include environmental protection, new forms of digital advertising, influencer marketing, the protection of children and young people, gambling and the support of a healthy body image. It also introduces more detailed rules in many product categories, from health products and cosmetics to food, beverages and dietary supplements to vehicles.

“Given the entry into force of the new code, we recommend that the affected businesses and industries review their advertising practices

– suggests dr. Máté Laczkó, lawyer at Baker McKenzie.

The principles included in the regulation can also serve as guidelines for those market players who are not signatories to the code, but are unsure whether their commercial practices are appropriate.”

The new code has fundamentally modified the article related to environmental protection, and by regulating “green claims” about the positive impact of a product or company on the environment, it goes ahead of even the planned EU directive. The advertiser may not claim as its own merit an environmental advantage that results from a mandatory legal requirement or can be considered a general practice in the relevant market. Green or ecological indicators – such as environmentally friendly, environmentally conscious, eco, bio, organic – can only be used if it is certified by a trademark of an appropriate EU or domestic organization. There are no exceptions to the rule, so without a trademark such a claim cannot be made even if it would otherwise be scientifically supported.