ES: 10,000 € fine to “Alcohol killer” for making misleading health claims

The Consumer Agency of Catalonia (ACC) has imposed a 10.000€ fine to Opendoor 2006 Ltd (the company that distributes this drink in Spain) for making deceitful claims about the properties of the beverage.

The drink is advertised and presented on the internet, social networks and night clubs as the first functional beverage that reduces blood alcohol content and the harsh effects of alcohol, protects the liver and it is an effective remedy for hangovers.

The producers also claim that, test results have shown that consuming this product immediately prior to and immediately after consuming alcohol results in a significant lowering of breath ethanol levels and other claims that the ACC has asked the company to withdraw.

The beverage is marketed as the first functional beverage containing natural ingredients with properties that help the body eliminate toxic substances that result from alcohol consumption

The penalty imposed to Open door includes the publicity of the ruling for infringing consumers rights. “We want this to be an exemplary penalty so that it is not worthwhile for companies to infringe consumers rights. In this way we want to contribute to stop the use of disloyal competition tactics” said Jordi Anguera, the director of the Agency.

The ruling of the ACC concluded that the way this product is presented and advertised is misleading and may induce consumers to buy this product thinking that it has some therapeutic properties that in fact it does not have.

In its ruling the ACC also states that the fact that the beverage container carries a symbol very similar the “ Bowl of Hygeia” symbol (i.e. a bowl with a snake coiled around it), which is the most widely recognized international symbol of pharmacy may lead the consumer to think that his product has medicinal properties.

Product website: http://www.alcoholkiller.com/#/eng/home

Click here to read the full text of the ACC ruling.