OREANDA-NEWS. December 04, 2008. The Federal Arbitration Court of the Moscow District sustained the judgment of the 9th Arbitration Court, Moscow, of 29th September 2008 and dismissed the claim of "Rekitt Benkinzer" Ltd. The ruling confirmed the legitimacy of the FAS Russia's decision that the advertisement of "Rekitt Benkinzer" Ltd. had violated the Federal Law "On Advertising", reported the press-centre of FAS Russia.

On 20th December 2007, FAS Russia pronounced that the advertisement of the "Vanish" universal stain remover was unfair and violated Clause 1 Part 2 and Clause 1 Part 3 Article 5 of the Federal Law "On Advertising" and issued a determination to the advertiser - "Rekitt Benkinzer" Ltd. to stop further advertising.

The case against "Rekitt Benkinzer" Ltd. was initiated upon advertising of the "Vanish" universal stain remover in June-October 2007 by the following TV channels: "Pervy", "Rossia", "Ren-TV", "NTV", "STS", 5th Channel (St Petersburg), STO (St Petersburg).

In the advertisement, "Vanish" stain remover is compared with competing products by using the images of packing of detergents, which are similar to the degree of confusion with the packing of particular goods available on the Russian marker. The advertisement stated that "so many things were damaged by these detergents!..." "the colours here may fade …" "Vanish. Pink colour. Trust it and no stains!"

The Antimonopoly Service pronounced the advertisement unfair because advertising statements regarding competing products were groundless and false. The advertiser - "Rekitt Benkinzer" Ltd. was issued a determination to stop advertissisng.

"Rekitt Benkinzer" Ltd. appealed the FAS Russia's decision and determination. The Courts of the First and Appeal instances dismissed the claim. On 27th November 2008, the Cassation Court sustained the rulings of the Courts of lower instances.