Advisory Case on Reviewing Potential Legal Violations in Private Brand (PB) Product Advertising

In the course of promoting its PB (Private Brand) products, a distribution company planned to use a particular phrase in its advertising. However, it requested advice because it needed a legal review of whether the expression might violate the relevant laws and the Act on Fair Labeling and Advertising.

Our firm reviewed the matter and found a high likelihood that the advertising phrase fell within "a label or advertisement liable to be mistaken for a specific product." By analyzing relevant Supreme Court precedents and similar cases, we explained that the possibility of consumers being misled by the advertising expression could not be ruled out. In addition, in order to reduce the legal risks associated with the regulation of false or exaggerated advertising, we proposed alternative advertising phrasing and prepared measures to respond to regulation in advance.

Reflecting the firm's advice, the client adjusted the advertising phrase and revised its marketing strategy so as to minimize risk. This made it possible to prevent the possibility of legal disputes and to operate the advertising safely.