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A product claim that is correct in itself can still be misleading if the average consumer misinterprets it. A face mask with a “protection level of 98.65%” was deemed misleading by the Advertising Code Committee because that percentage referred to bacteria, not viruses — whereas the consumer was thinking of extensive coronavirus protection. Therefore, think carefully about how your audience reads a claim, especially regarding health.
The Advertising Code Committee (RCC) had to rule on an advertiser who claimed that a face mask had a protection rate of 98.65%, without making it clear that this referred to bacteria and not to viruses such as the coronavirus. A complainant considered this misleading.
The level of protection was about bacteria, not viruses
The website and a brochure stated a “protection level of 98.65%” for a washable face mask. According to the complaint, this claim is misleading and compromises public health (case no. 2021/00260). The advertiser stated that it did not suggest medical use — the packaging read “social face mask” — and submitted an independent test report that substantiated the 98.65%.
The chairman of the RCC reviewed that report: it concerned BFE (Bacterial Filtration Efficiency), in other words, protection against bacteria, not against viruses. The advertiser had not made that clear.
The average consumer interprets the claim differently
According to the chairperson, the average consumer will interpret the 98.65% claim as extensive protection against the coronavirus — going beyond an FFP2 mask (approximately 94%) and at the level of an FFP3. This does not correspond with reality. Consequently, this constitutes a violation of Article 8.2(b) of the Dutch Advertising Code: the advertisement is misleading regarding protection against corona. The advertiser was no longer permitted to advertise in this manner.
Although the advertiser nowhere stated that viruses were involved, there was deception nonetheless. The lesson: think carefully about how your audience interprets a claim, especially regarding the expected results of a product, and even more so when public health is at stake.
Be careful with advertisements
Advertising requires precision. You may not simply compare, advertorials must not be misleading, and special rules apply, such as the ban on promoting gambling. Therefore, think carefully in advance about your website and brochure texts, both from a marketing and a legal perspective.
Frequently Asked Questions
My claim is factually correct — could it still be misleading?
Yes. What is decisive is how the average consumer interprets the claim. If a correct claim creates a false impression (such as corona protection regarding a bacterial value), it can still be misleading.
What should I look out for regarding health claims?
Be extra careful and specific. Make clear what a percentage or result refers to, because misleading information carries significant weight when it comes to public health.
Who judges whether advertising is misleading?
The Advertising Code Committee, among others, acts on the basis of the Dutch Advertising Code. It can recommend that an advertiser cease using a statement.
Advice on advertising and product claims
The legal experts at MKB Juristen review your advertising communications against the rules. View our expertise in marketing and advertising law or schedule an intake meeting .
