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3rd April 2008
New regulations unlikely to threaten retailers right to offer 'buy one get one free'
New regulations governing the use of the word 'free' in promotional materials are unlikely to restrict the rights of retailers to offer 'buy one get one free' deals, it has been claimed.
The new Unfair Commercial Practices Directive, which will restrict misleading promotions, have led to fears among retailers that they will be unable to win over consumers with eye-catching offers, Out Law reports.
But European Commission official, Giuseppe Abbamonte, has claimed that Bogof offers are likely to be here to stay.
"In my opinion, nothing in [the Unfair Commercial Practices Directive] should prevent companies from making promotional offers such as 'buy five bottles and get one extra free'," he said.
"In this case the consumer is not obliged to buy the fifth bottle, which would entitle him to receive the sixth as a gift or a discount on the six bottles," he added.
Explaining the conditions that would have to be met for Bogof to remain fair under the directive, Mr Abbamonte continued: "If the price of the two together is genuinely the same as the typical/standard price charged for one, Bogof should be fine under [the Directive],"
"If the price is more, Bogof could be a misleading practice because the consumer could be misled into believing that the second is free when it is not," he concluded.
(c) 2008 Adfero Ltd
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