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ARTICLE · 15 DECEMBER 2020

How Safe Is It To Advertise A Product As "Homemade"?

Schoenherr (Schönherr Rechtsanwälte)
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On 19 November 2020 the Bulgarian Commission for Protection of Competition ("CPC") fined Olineza Premium OOD ("Olineza")

BulgariaAntitrust/Competition Law

On 19 November 2020 the Bulgarian Commission for Protection of Competition ("CPC") fined Olineza Premium OOD ("Olineza"), one of the biggest Bulgarian food producers, BGN 1,479,040 (approx. EUR 700,000) or 4 % of its 2019 turnover. The fine was imposed for the "misleading use" of the word "homemade" stated on the label of a mayonnaise product, and comes after almost three years of administrative and court proceedings.

Background / 2018 Decision and its repeal

The case was initiated before the CPC in 2017 upon request of Olineza's competitors and concerns the alleged misleading use of the "homemade" statement on the label of a mayonnaise produced by Olineza.

Under Bulgarian competition rules, misleading advertising is a form of unfair competition and could lead to a fine of up to 10 % of the turnover for the last financial year of the infringing entity, with the fines ranging from up to 5 % of the turnover for "mild" breaches, up to 8 % for not very severe

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