“Best of the test” not permitted if unproven

During summary proceedings between fruit cracker producers Verkade (Sultana) and Mondelez (Liga), Mondelez successfully pleaded that Verkade be forbidden from continuing its “Best of the test” advertisement campaign. Mondelez claimed that Verkade should not be allowed to use the statement in this manner, as Verkade had not compared its products with competing products. The court agreed with Mondelez. At the very least, the statement suggests that fruit crackers from various producers and brands had been tested, while in actuality, Verkade had only conducted consumer testing on its own six flavours of Sultana. During the summary proceedings, Verkade admitted to not having tested fruit crackers from various producers or brands. As such, it was unable to substantiate its claims and the court prohibited Verkade from continuing its use of the “Best of the test” statement.

This case illustrates that in advertising, one must exercise caution with statements suggesting that one’s own product has been proven the best in testing. If contested, anyone making such a statement must prove the statement to be factual. Verkade was unable to do so and was penalized by the court as a result.

We regularly receive questions regarding clients’ or their competitors’ advertising statements. If you would like to know if a certain statement is permitted or wish to debunk a competitor’s statement, we are happy to be of assistance.

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Andries Houtakkers
Partner
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