Coco Bambu has won a legal dispute against Outback and Conar (National Council for Advertising Self -Regulation) that allows the use of the slogan “the best restaurant in Brazil”.
In a decision published in late January, Judge Larissa Gaspar Tunala, from the 1st Business Court and Arbitration Conflicts of the São Paulo Court of Justice (TJSP), said that this form of advertising known as “puffing”, which does exaggerated adjective of A product is legal as long as it does not result in unfair competition or misleading propaganda.
Coco bamboo shrimp, made with catupiry stuffed prawns and breaded, served with creamy rice gratin with cheese and straw potatoes –
“I understand that the author used comparative advertising, seeking to expand her business in the market, without attacking the image of outback or any other restaurant,” he wrote in the sentence.
In the decision, she also argued that the best expression is subjective and could not be proven by expertise.
The judge stated that Conar has had contradictory decisions in similar cases. The board allowed Heinz Brasil to use the term “the best mayonnaise in Brazil”, despite the formal complaint of Unilever, owner of the Hellmann’s brand and competitor of Heinz.
Understand the case
The dispute began in 2021, when Outback, a network -inspired chain but founded in the US, denounced by joining the slogan “Coco Bambu – the best restaurant in Brazil” for irregular propagating.
According to the American network, the sentence starts from unpaid superiority and induces the consumer to error. That year, the Council understood that Coco Bambu would be, yes, “devaluing the image of its competitors without having data proving” the slogan.
Conar then recommended that the term “best” be detailed. From there, the seafood chain began to use the slogan “The best restaurant in Brazil as quantitative of Traveller’s Choice Award, TripAdvisor and NPS Award 2022”, a mention of assessments that would confirm the company qualities. .
After the change, Outback filed another complaint in Conar because it considered that the changes were not enough.
The American network has stated that few competitor restaurants have the NPS Awards seal and that TripAdvisor does not classify this type of establishment based on the Traveller’s Choice Awards assessments and awards.
Conar asked for another change in the bamboo coconut slogan. In response, the company went to court to suspend both actions against its advertisements and Conar penalties.
The TJSP gave a favorable injunction to Coco Bambu, which was confirmed with the judgment of Judge Larissa Gaspar Tunala in January.
Source: Folha
I have worked as a journalist for over 10 years, and my work has been featured on many different news websites. I am also an author, and my work has been published in several books. I specialize in opinion writing, and I often write about current events and controversial topics. I am a very well-rounded writer, and I have a lot of experience in different areas of journalism. I am a very hard worker, and I am always willing to put in the extra effort to get the job done.
