In 2016 we lodged a formal complaint concerning a TV advert in which one of the big industrial dairies claimed their milk was “the only milk collected and bottled in the Basque Country”. As this is not the case (we collect and bottle our milk in the Basque Country as do several other small farms and dairies) we placed an official complaint with the Basque Government who sent the complaint on to the National Commi- ttee for Markets in Madrid (CNMC). The CNMC sent us their decision this month (nearly three years after our initial complaint), arguing that because the two businesses are of completely different size (the industrial dairy in question billed 120.826.000 euros in 2017 as the CNMC itself underlined in its decision) and the milk each use completely different (organic on the one hand, sterile –their term- and UHT on the other) the advert is not a problem. As we understand things, neither the size of the businesses nor the sort of milk changes the fact that the advert was, at the very least, erroneous and the CNMC specifically states that they “no dot judge as to whether or not Kaiku’s statement could confuse consumers”. This suggests that perhaps the CNMC isn’t the right body to consider this question and will ask the Basque Govern- ment once again which would be. The only other means of defending ourselves would be to take the issue to court, but that is, obviously, financially impossible for us. It is rather interesting to note, however, that the big dairy in question no longer runs that particular advert. |