Dear colleagues!
The Antimonopoly Committee of Ukraine (hereinafter – the AMCU) has conducted an investigation and according to its results on October 22, 2020 provided manufacturers of disinfectants and/or sanitizers with recommendations (hereinafter – Recommendations), which contain warnings against the dissemination of false, incomplete or inaccurate information about antiseptic or disinfectant properties of sprays, liquids, gels, wipes and other products, as well as their ability to destroy viruses, including SARS-CoV-2, in order to encourage consumers to purchase products.
We draw your attention to main violations, detected by the AMCU regarding labeling and advertising of disinfectants and/or sanitizers.
Thus, the following can be considered as dissemination of information (on packaging, labels, in advertisements, information messages, etc.), which misleads consumers:
- Encouraging consumers to purchase products by presenting information using Coronavirus/COVID-derived words and/or visual images of the virus without sufficient justification.
The designations 
on the front of the product label, due to the way the information is placed, in combination with other designations indicating the purpose of the product, can be perceived as a message about the ability of the product to destroy SARS-CoV-2.
- Indication of information on the properties of the product that does not correspond to the data of technological documentation and without compliance with the Procedure for state registration of disinfectants. Dissemination of misleading information about the time of effective action, the minimum required amount of the disinfectant, the dissemination of information that the disinfectant neutralizes a specific percentage of bacteria (95%, 99%, 99.9%, up to 100%, etc.) in the absence of appropriate tests.
Product labeling, in particular, the designation “kills up to 100% of bacteria and viruses”, indicates its bactericidal, virucidal, bacteriostatic, antiviral and other properties, which must be confirmed by the results of relevant laboratory tests and documents regulated by the State Registration (re-registration) of disinfectants, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 03.07.2006. Information in the labeling of the Product on antibacterial and/or virucidal properties of the product, including in percentage, without conducting clinical/laboratory studies and/or proper confirmation in the form of conclusions of the competent authorities, is inaccurate information.
Also, product labels should contain information on the list of microorganisms, since notifications in product labels about the destruction of unidentified bacteria and viruses without proper confirmation by the competent authorities, only on the basis of the presence of alcohol, show signs of incomplete information.
For example, the AMCU detected the following markings as violations:
- prevention of secondary infection;
- prolonged antimicrobial action;
- effect on strains of bacteriaб resistant to antibiotics;
- destruction of up to 99%, up to 100% of bacteria and/or viruses;
- 100% antimicrobial activity, etc .;
- сan be used even for children, for example, for the prevention of diaper rash;
- recommended for children and expectant mothers;
- safe for babies and pregnant women;
- all compounds stimulate epithelialization of wounds – accelerate the healing of skin lesions.
Since the mentioned statements are not directly provided by the results of relevant laboratory tests and the conclusions of the State Sanitary Epidemiological Service (hereinafter – the SES), the AMCU considers such labeling illegal.
- Labeling “organic/bioorganic products” without complying with the requirements of the Law of Ukraine “On basic principles and requirements for organic production, circulation and labeling of organic products”
Sale of products which are sold as organic products is carried out in accordance with the requirements of the legislation in the field of organic production, circulation and labeling of organic products. Advertising of any non-organic product as organic, including the use of the inscription “organic product” in proper names and trademarks, is considered unfair advertising (recommendations of the AMCU №43-pk dated October 22, 2020).
For example, the AMCU detected the following markings as violations:
- innovative formula;
- bioorganic composition;
- 100% natural.
We remind you that in case of disclosure of information by business entities that misleads consumers, the AMCU warns of the potential use of all measures provided by the Law “On Protection against Unfair Competition”, including the imposition of fines of up to 5% of the company’s income for previous year.
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We hope you find this information useful. If you have any questions, we will be happy to answer them.
Maryna Chervenkova, a senior associate at Law offices of OMP, will advise you on this issue in detail.
Regards,
OMP