The National Competition Commission institutes disciplinary proceedings against MEDIASET for surreptitious advertising

21 December 2014

The CNMC has detected the broadcasting of a TV mini-slot on health during the program ‘Sálvame diario’ [‘Save Me Daily’] that could well be a case of surreptitious advertising. According to the resolution, in the programs broadcasted on October 30th, November 6th, 13th, 20th and 27th and December 4th, during the section “Me encanta cuidarme” [“I love taking care of myself”], presentations of the product brand “ACTAFARMA” were made, for the purpose of advertising, establishing links with the alleged advertiser through a hashtag and a web page.    

The public body considers that MEDIASET could have breached article 18 (2) of the LGCA during this section directed by the program’s host, Jorge Javier Vázquez, and Dr. Luis Gutiérrez, where presentations of the product brand “ACTAFARMA” are made without informing that the purpose is advertising, which might mislead the public as to the nature of these presentations.    

Furthermore, the Commission considers that MEDIASET could be in breach of article 18 (2) of the LGCA, having broadcasted telepromotions which could contravene the specific rules governing the advertising of these types of products, in relation to claims regarding their nutritional and health properties.  

Finally, the Commission considers that there are good grounds for the view that MEDIASET could be in breach of article 18 LGCA and has decided to commence disciplinary proceedings SNC/DTSA/2014/14/MEDIASET. This alleged breach is classified as a serious administrative infringement, which is punishable by fines of between 100, 000 and 500, 000 euros for each infringement.    

This is not the only proceeding open against MEDIASET. On December 17th, 2014, the Commission announced in a press release its request, with an ultimatum, for MEDIASET to bring into line the classification and broadcasting of the program “Sálvame Diario”.   

The resolution can be read at: www.cnmc.es

For further information, please contact Eric Jordi