The new Kosovo law on consumer protection that entered into force in November 2012 introduced provisions on comparative and misleading advertising.
The new law defines misleading commercial practices and lays down the conditions under which comparative advertising is permitted. If the prescribed conditions are contravened, interested parties can file a complaint with the Ministry of Trade and Industry Inspectorate or other inspection bodies. The competent authority may prohibit comparative and misleading advertising through an ordinance and the costs of the broadcaster will be borne by the advertising sponsor.
The publisher of the advertising is required to submit evidence confirming the accuracy of the factual claims contained in the contested advertisement within seven days of receiving the ordinance. Failure to do so will be taken to mean that the advertising is misleading, questionable and inaccurate. No further consequences have been defined by the law.
By: Florentina Grubi
For more information, please contact Florentina Grubi.
Source: The text of the law