The Spanish Constitution. Section 20.1

• The following rights are acknowledged and protected: (…) d) To communicate or receive freely truthful information by virtue of any medium of dissemination.

Legislative Royal Decree 1/2007, passed in Spain on 16th November 2007, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws.

Section 8

• Fundamental rights of consumers and users are: (…) d) Correct information on the different goods and services as well as the education and dissemination of information to enhance their knowledge on their appropriate use, consumption or enjoyment.

Section 12.1

• Business operators shall provide consumers and users with prior knowledge, by appropriate means, of any risks that might arise from a foreseeable use of the goods and services (…).

Section 61

• The offer, promotion and advertising of goods or services shall be appropriate to their nature, characteristics, use or purpose and to the legal or economic terms of the contracting thereof (…) they shall be demandable by consumers and users even though they are not stipulated expressly in the contract (…) should the contract subscribed contain clauses that are more beneficial, these clauses shall prevail over the content of the offer, promotion or advertisement.

General Act 34/1988 governing advertising, passed in Spain on 11th November 1988. Section 3

• The following is unlawful: (…) Misleading advertising, unfair advertising and aggressive advertising, which shall be considered as acts of unfair competition in accordance with the terms stipulated under the Unfair Competition Act.  

Act 3/1991 governing unfair competition, passed in Spain on 10th January 1991. Section 5.1

• The following shall be considered unfair due to being misleading: Any medium that contains false information or information which, even though it might be truthful, its content or presentation might or could induce those at whom it is directed to error while being capable of altering their economic behaviour (…).

Royal Decree 1334/1999, passed in Spain on 31st July 1999, approving the general regulations on labelling, presentation and advertising of foodstuffs. Section 4

• Labelling and the different models thereof shall not be of such a nature as to induce buyers to an error (…) These prohibitions shall apply equally to foodstuffs and advertising.

Regulation (EC) no. 1924/2006 of the European Parliament and the Council of 20th December 2006 on nutrition and health claims made on foods. Article 3

• (…) the use of nutrition and health claims shall not: a) be false, ambiguous or misleading;