At its meeting on Friday, the Antimonopoly Committee of Ukraine (AMCU) recognized the actions of Lirans LLC, Torgovy Dom Morshinski Dzherela LLC, and Shayanski Dzherela LLC as violations of the law on protection against unfair competition due to the dissemination of false information about the drinking waters Aqua Baby, Aqua Karpaty, and Shayanska Kremniyeva, the agency’s press service reported.
The AMCU noted that it had initiated proceedings based on complaints from Oskar CJSC, which complained about the actions of its competitors, Lirans LLC and Morshynski Dzherela Trading House LLC. According to the applicant, the companies disseminated false information on product labels, websites, and/or online marketplaces, in particular about the origin of such waters from the Carpathians and/or the Morshyn deposit, about the products’ classification as mineral waters and/or waters intended for baby food, the method of production, consumer properties, and certain characteristics of Aqua Baby and Aqua Karpaty waters.
Liran LLC and Trading House Morshynski Dzherela LLC did not provide evidence to confirm the information about these waters posted in the places of distribution during the consideration of the cases. Therefore, the committee used the information provided by the Western Scientific Center of the National Academy of Sciences of Ukraine and the Ministry of Education and Science of Ukraine.
During its inspection, the AMCU identified violations in the actions of Shayanski Dzherela LLC, which is the producer and distributor of Shayanska Kremniyeva drinking water, positioned as natural mineral table water, as indicated on its label. In addition, the following information about the properties of this water is distributed: “Cares for the brain” with the note “Saturates blood vessels with silicon, makes them more elastic, thereby promoting cognitive recovery.”
Shayanska Dzherela LLC also failed to provide the AMCU with evidence to support the information distributed on the labels of Shayanska Kremniyeva water. At the same time, the State Scientific and Research Institute of Rehabilitation and Resortology of the Ministry of Health of Ukraine reported that Shayanska Kremniyeva water cannot be classified as natural mineral table water, since the institute has not verified the stated properties of this water.
Based on the results of consumer surveys, the AMCU determined that the information disseminated about Shayanska Kremniyeva, Aqua Baby, and Aqua Karpaty water could influence consumers’ intentions to purchase such products.
Liran LLC, Trading House Morshynski Dzherela LLC, and Shayanska Dzherela LLC, in this way, are convinced by the committee, may gain unfair competitive advantages over producers and/or sellers of natural mineral table and drinking waters that are manufactured in compliance with the requirements for the production of baby food products, as well as processed bottled drinking waters.
The AMCU recognized such actions by the companies as a violation of the law on protection against unfair competition, imposed appropriate fines on them, and obliged Torgovy Dom Morshynski Dzherela LLC and Shayanski Dzherela LLC to cease the violations.
