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MARKETING AND CONTRACTS

    Special regulations
    Tobacco products
    Alcoholic beverages
    
Foodstuffs
    
Pharmacon

    
Package tours
  
 Other regulations


The term “consumer marketing” refers to commercial communication from an entrepreneur or an undertaking to consumers which aims to increase the sales volume of goods or services. Consumer goods and consumer services are meant to be used by private consumers, not businesses.

Consumer marketing is regulated by the Consumer Protection Act and supervised bythe Consumer Agency.

If marketing does not comply with the expectations of a customer, the customer will consider the goods or service received defective. According to the Consumer Protection Act, no inappropriate conduct or any conduct that is otherwise unfair from the point of view of consumers is allowed in marketing.

No untrue or misleading information may be conveyed in marketing.

Customers require at least the following information to support their purchase decision:

• what is being offered
• at which price
• any information necessary for safety purposes.

Practices pertaining to payments, delivery, contractual liabilities and customer complaints must also be mentioned if these are not the practices consumers have some reason to expect. Furthermore, any rights of terminating or cancelling the agreement must be specified.

Information included in an advertisement should be as specific and comprehensive as possible. Furthermore, attention must always be paid to the clarity of information when marketing goods or services: the general impression is the key. Any unfounded claims, erroneous information or intentional misleading of consumers are not part of proper business, and such acts are against the law.

Conduct is considered inappropriate if it:

• does not comply with the generally approved proper business conduct; and
• it clearly reduces the consumer’s ability to make a justified decision to purchase the service/product or any other decision related to the service/product, and leads to the consumer making a decision they would not have made had it not been for the inappropriate conduct.

Special regulations

In addition to the Consumer Protection Act, the sales and marketing of several products and services are regulated with specific legislation pertaining to the specific sector. Trade associations of some sectors have prepared their guidelines for advertising, marketing and sales. Below is a list including some of these regulations.

Tobacco products

The Act on Measures to Restrict Tobacco Smoking regulates the marketing and sales of tobacco products. According to the Act, advertising, whether direct or indirect, of tobacco, tobacco products, tobacco imitations and smoking accessories is prohibited. Promoting the sales of tobacco products in connection with the advertising of any other goods is considered indirect advertising. Also associating tobacco, tobacco products, tobacco imitations and smoking accessories with the sale or assignment of other products or provision of services is prohibited. Tobacco products or smoking accessories may not be commercially sold to persons under the age of eighteen.

Alcoholic beverages

The sale, advertising and manufacturing of alcohol is governed by the Alcohol Act and Alcohol Decree. Advertising or otherwise promoting the sale of strong alcoholic beverages is prohibited. The term “strong alcoholic beverage” refers to an alcoholic beverage which contains more than 22 percentage by volume ethyl alcohol. Strong alcoholic beverages may, however, be advertised inside premises where alcoholic beverages are served but only in such a manner that the advertisement is not visible from outside of the premises.

As a general rule, advertising mild alcoholic beverages (containing a maximum of 22 percentage by volume ethyl alcohol) is allowed.

Foodstuffs

In addition to the general regulations of the Consumer Protection Act, the handling, storage, sales and marketing of foodstuffs is regulated by the Food Act and the Food Statute as well as the Decree on Labelling of Foodstuffs.

No misleading information about a foodstuff may be provided on its packaging, in any advertisement or in any marketing materials. No information suggesting that a foodstuff could prevent, alleviate or cure human diseases can be provided nor can any references to such information be provided.

The conformity to law of the markings on foodstuff packages is primarily supervised by municipal supervisory authorities, and the conformity of the marketing of foodstuffs is supervised by the municipal supervisory authorities, Regional State Administrative Agencies and the Finnish Food Safety Authority.

Pharmacon

The marketing of medicine and medicaments is regulated by the Medicine Act and Medicine Decree, the guidelines on pharmaceutical marketing of Pharma Industry Finland as well as the marketing guidelines of the Finnish Medical Association for doctors and medical care services.

According to the Medicine Act, only medicine as specified in the Medicine Act may be marketed as medicine. According to the Act, the term “medicine” refers to a product or substance which—when used internally or externally—is aimed at healing, alleviating or preventing an illness or its symptoms. A sales license or registration must be applied for a pharmaceutical preparation before it can be sold.

A preparation classified as medicine will not automatically receive a sales license or registration. When a sales license and registration is being applied for, it is determined whether or not the preparation complies with the requirements laid down in the Medicine Act on efficacy and safety, for example.

Advertising of medicine may not include any groundless health-related claims, and such advertising may not be directed to children. Medical advertisements may not in any other way provide an exaggerated or misleading idea of the impact of the medicine. Handing out medicine samples to the general population for sales promotion purposes is not allowed.

Package tours

Package Travel Act regulates the marketing of package tours. The term "package (tour)" refers to a combination of pre-arranged services offered for an inclusive price, including at least transport and accommodation . Companies offering package tours are supervised in Finland by the Consumer Agency .

Other regulations

Regulations on the marketing of housing, securities and credit institutions, for example, have been prepared to supplement the regulations of the Consumer Protection Act.

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