After the Barcelona’s Provincial Court sentenced Granini to cease broadcasting an advertising spot of his orange nectar, it is now the Supreme Court which has ruled on that advertising.
The action brought by J. García Carrion, owner of Don Simon trademark, against Granini arises from the broadcasting of an advertising spot in which Granini advertised its orange nectar, implying that it was natural orange juice.
The Barcelona’s Provincial Court, in analyzing that advertising, understood that not only contravened the rules on the preparation, composition, labeling, presentation and advertising of fruit juices, but also the terminology used in the ad would imply to consumers that it was natural orange juice, when in fact it was fruit nectar. Granini was ordered to cease advertising as misleading and to broadcast on three national television channels a statement recognising that the advertising information was misleading and that the product in question was a nectar and not an orange juice.
Granini appealed to the Supreme Court, arguing that the infringement of the labelling, presentation and advertising of fruit juice rules should be regarded as an act of unfair competition for breach of rules, but not as an act of deception.
However, the Supreme Court in a recent ruling has dismissed the appeal lodged by Granini against the decision of the Barcelona’s Provincial Court, on the grounds that the appeal was unfounded, since the Court based its decision both on the failure to comply with regulations and on the fact that the wording used would make any average consumer think that it was orange juice, rather than orange nectar.
As reported in the media, it is not the first time that Granini has been required to withdraw its advertising campaigns, for violating advertising regulations. In October 2019, it was Autocontrol which urged Granini to cease various spots on television and in other media for its juice concentrate product, considering that the campaign was misleading the consumer by advertising juice concentrate as if it were squeezed juice.
