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Wednesday, September 28, 2022
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GA_P sucessfully represents meet producers on Unfair Competition ligitation

Gómez-Acebo & Pombo has represented Interpoc and Provacuno before the Provincial Court of Barcelona in an Unfair Competition case for Illegal advertising of a vegetable meet company that compared a hamburguer with a car. The court has order the company to cessate the campaign

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The Barcelona High Court has ordered the withdrawal of a vegetable meat company’s advertising that compared a hamburger to a car. “A meat burger pollutes more than your car”. This is the slogan of the 18×14 metre banner with which the vegetable meat company, Heura Foods (Foods for Tomorrow S.L.), made itself known in Madrid in November 2020.

The organisations Interpoc (Organización Interprofesional del Porcino de Capa Blanca) and Provacuno (Organización Interprofesional Agroalimentaria de Carne de Vacuno) sued the Barcelona-based start-up for “unfair competition for containing illegal advertising” and for “misleading and denigratory statements”. After a year and a half of litigation, the Provincial Court (AP) of Barcelona has upheld the claims of the organisations by ordering the cessation of the campaign.

The court believes that the central message with which the advertising campaign is launched, meets all the requirements for being misleading, particularly when used without direct linkage to additional indications limiting the scope, and constitutes advertising which denigrates the products of the associations requesting the measures, in so far as it is misleading and has the capacity to devalue the quality of their products on the market in the eyes of the average consumer.

Gómez-Acebo & Pombo represented Interpoc and Provacuno with Intellectual Property and Technology partner Sofía Martínez-Almeida Alejos-Pita.

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