Contributed By Pakharenko & Partners (Kyiv)
First, proceedings may be initiated pursuant to the Law of Ukraine on Consumer Rights Protection of May 12, 1991 No 1023-XII (“Law on Consumer Rights Protection”) based on a request of a consumer (individual) who considers that his or her rights are violated as a result of unfair advertising of medicinal products. Such a request shall be submitted by a consumer to the State Service of Ukraine for Food Safety and Consumer Protection or its territorial bodies.
Second, any individual or legal entity may apply to the AMCU in the event of violation of their rights in result of acts or inactions identified as violations of the legislation on economic competition protection (constituting an act of unfair competition). Thus, according to the Law of Ukraine on Protection against Unfair Competition of 7 June 1996 No 236/96-VR (the “Law on Protection against Unfair Competition”), an act of unfair competition is constituted by a comparative advertisement containing comparison with goods, works, services or activities of another entity. Comparisons in advertising shall not be recognised as unlawful if the provided information on the goods, works and services is confirmed by actual data, reliable, objective and useful for informing consumers. Dissemination of misleading information in advertising also constitutes an act of unfair competition. Misleading information includes inter alia information containing incomplete, inaccurate or false information about a product origin, manufacturer, seller, method of manufacture, source and manner of purchase, sale, quantity, consumer properties, quality, completeness, suitability for application, standards, characteristics, peculiarities of sales of goods, works, services, prices and discounts on them and the essential terms of the contract. Furthermore, this includes incomplete, inaccurate or false information about the financial condition or economic activity of the entity; attributing powers and rights that they do not have or relationships that do not exist; containing references to the volumes of production, purchase, sale or supply of goods, execution of works, provision of services, which did not actually exist on the day of the information dissemination.