25.9.2017
News
Disputes
Intellectual property

Breakthrough Decision on Food Supplement Ad

KŠB recently won a promotion dispute over garlic drops for manufacturer Allivictus.

In 2012, the Radio and TV Broadcasting Council fined Allivictus CZK 1.8 million for an alleged breach of the Advertising Act. The Council believed that Allivictus misled consumers by running an ad that gave the impression that its food supplement had medicinal effects. KŠB represented Allivictus in the administrative proceedings and then in court proceedings before the Municipal Court and, subsequently, the Supreme Administrative Court, which agreed with KŠB’s reasoning, dismissed the decision on the fine, and returned the matter to the Council.  The Supreme Administrative Court agreed with Allivictus, which claimed that the ad clearly labelled the product as a garlic extract, that it merely presented all the generally available characteristics of garlic, and that the average consumer would hardly consider the drops to be a substitute for, a part of, or a supplement to a treatment and were thus not misled. The Supreme Administrative Court believed that the positive qualities of garlic as advertised are generally attributed to garlic and are thus generally known. The Supreme Administrative Court added that it does not see anything misleading or improper if the ad takes the form of a story of a man who survived a serious illness and talks about his own subjective experience.

Other articles

10.6.2025
News

Advising J&T on EMMA Capital Bond Issuance

KŠB provided legal advice to its long-term client, the J&T group, in connection with the preparation of a bond programme for the investment group EMMA Capital. The base prospectus has already been approved by the Czech National Bank and notified to the National Bank of Slovakia. At KŠB, the advisory team was led by Josef Kříž, under the partnership supervision of Vlastimil Pihera.
28.5.2025
News

Advising GRIDARCH a.s. on the Sale of Land in the Ostrava Airport Multimodal Park

KSB’s team (Jiří Horník, Jakub Porod, Jakub Mehl) provided legal counsel to GRIDARCH a.s. in connection with the sale of land located in the Ostrava Airport Multimodal Park (OAMP), which is being developed into an industrial zone with logistics facilities. The purchaser of the 110,000 sqm of commercial land was EQT Exeter.
20.5.2025
News

With deep sorrow, we announce the passing of JUDr. Alexandr Kocián, one of the founders of our firm.

e was not only an icon of the legal profession in Karlovy Vary and a respected lawyer, but also an inspiring colleague, a mentor to an entire generation of our attorneys, and, last but not least, a man with a sense of humor who always spread good cheer.