Commercial communication must adhere to a set of ethical rules, regardless of the channel or medium through which messages reach the public. These rules have been established to ensure fair, honest, and decent communication, in accordance with the law and principles of practice in advertising and commercial communication.

Commercial communication refers to advertising or any other means of transmitting information used by advertisers with the purpose of informing or influencing consumer behavior, regardless of the broadcasting medium or promotion techniques used, including promotions, sponsorships, direct sales, and point-of-sale presentations.

The state has regulated mandatory rules through the central authority responsible for consumer protection, with the following objectives:

a) Protecting consumers from the risk of purchasing a product or being provided a service that could harm their life, health, or safety or affect their rights and legitimate interests;

b) Promoting and protecting consumers’ economic interests;

c) Ensuring consumers have access to complete, accurate, and precise information about the essential characteristics of products and services, so the decisions they make meet their needs as closely as possible;

d) Educating consumers;

e) Preventing and combating, by all means, abusive commercial practices and the provision of services, including financial services, that may affect consumers’ economic interests.

Economic operators are obligated to market only safe products or services that meet the prescribed or declared characteristics, to behave fairly in relations with consumers, and not to use abusive commercial practices.

Conversely, consumers have the right:

a) To be protected from the risk of purchasing a product or being provided a service that could harm their life, health, or safety or affect their rights and legitimate interests;

b) To be fully, correctly, and precisely informed about the essential characteristics of products and services, so the decisions they make meet their needs as closely as possible, as well as to be educated in their role as consumers;

c) To have access to markets that offer a wide variety of high-quality products and services;

d) To be properly compensated for damages caused by poor-quality products and services, using the means provided by law;

e) To organize themselves in consumer associations for the purpose of defending their rights and interests.

Consumers have the right to be informed, fully, correctly, and precisely, about the essential characteristics of products and services, including financial services offered by economic operators, so they can make rational choices between the products and services offered, according to their economic and other interests, and be able to use them for their intended purpose, in complete safety and security.

In this regard, product labeling plays a crucial role. The purpose of labeling is to provide consumers with the necessary, sufficient, verifiable, and easily comparable information, enabling them to choose the product that meets their needs and financial capabilities, as well as to be aware of any risks they may be exposed to.

The Romanian Advertising Council (RAC) developed the latest version of the Code of Practice in Commercial Communication during the General Assembly on April 16, 2021.

As a basic guide in advertising, it states: Advertising must be decent, fair, and created in the spirit of social responsibility.

Advertising is prohibited if it:

• Is misleading;
• Is subliminal;
• Disregards respect for human dignity and public morality;
• Includes discrimination based on race, gender, language, origin, social origin, ethnic identity, or nationality;
• Offends religious or political beliefs;
• Harms the image, honor, dignity, and private life of individuals;
• Exploits superstitions, credulity, or fear;
• Harms the security of individuals or incites violence;
• Encourages behavior that harms the environment;
• Promotes the commercialization of goods or services that are produced or distributed contrary to legal provisions.

The annex to Regulation (EU) No 655/2013 establishes a firm framework with provisions such as:

1. Claims implying a product offers a specific benefit are not allowed if that benefit is merely legal compliance with minimum requirements.

2. Claims cannot mention the presence of an ingredient that, in reality, does not exist in the product.

3. Claims regarding the properties of a particular ingredient must not suggest that the finished product has the same properties if that is not the case.

4. Commercial communications must not imply that the opinions expressed are verified claims unless such opinions are backed by verifiable evidence.

5. Claims regarding cosmetic products, whether explicit or implicit, must be supported by adequate and verifiable evidence, regardless of their type.

6. If studies are used as evidence, they must be relevant to the product and the claimed benefit, must follow well-designed and well-implemented methods (valid, reliable, and reproducible), and must meet ethical considerations.

7. The presentation of a product’s performance must not exceed the available evidence.

8. Claims must not attribute unique characteristics to a product if similar products possess the same characteristics.

9. Claims regarding cosmetic products must be objective, must not denigrate competitors or legally used ingredients, and must consider the target audience’s capacity (e.g., end users of a certain gender or age) to understand the information.

10. Communication must be clear, precise, relevant, and easily understood by the target audience.

Field inspections carried out by authorities and the occasional fines issued help maintain a clean environment, but it is up to each consumer to educate themselves, read labels, understand ingredients, compare products, read other consumers’ feedback, verify the credibility of the websites from which they choose to order products, and not believe in “overnight” remedies or miraculous effects.

Author: Atty. Lavinia Rusu