25.9.2017
News
Disputes
Intellectual property

Breakthrough Decision on Food Supplement Ad

KŠB recently won a promotion dispute over garlic drops for manufacturer Allivictus.

In 2012, the Radio and TV Broadcasting Council fined Allivictus CZK 1.8 million for an alleged breach of the Advertising Act. The Council believed that Allivictus misled consumers by running an ad that gave the impression that its food supplement had medicinal effects. KŠB represented Allivictus in the administrative proceedings and then in court proceedings before the Municipal Court and, subsequently, the Supreme Administrative Court, which agreed with KŠB’s reasoning, dismissed the decision on the fine, and returned the matter to the Council.  The Supreme Administrative Court agreed with Allivictus, which claimed that the ad clearly labelled the product as a garlic extract, that it merely presented all the generally available characteristics of garlic, and that the average consumer would hardly consider the drops to be a substitute for, a part of, or a supplement to a treatment and were thus not misled. The Supreme Administrative Court believed that the positive qualities of garlic as advertised are generally attributed to garlic and are thus generally known. The Supreme Administrative Court added that it does not see anything misleading or improper if the ad takes the form of a story of a man who survived a serious illness and talks about his own subjective experience.

Other articles

2.6.2026
News

KŠB once again assists with ČEZ’s General Meeting

The KŠB team, consisting of Jana Guričová, Martin Kubík and Jan Lasák, led by Petr Kasík, provided legal support to ČEZ in connection with the preparation and conduct of its General Meeting.

The KŠB team, consisting of Jana Guričová, Martin Kubík and Jan Lasák, led by Petr Kasík, provided legal support to ČEZ in connection with the preparation and conduct of its Annual General Meeting.

2.6.2026
News

DNS – What Now Constitutes a Commonly Available Supply or Service

Professional literature has traditionally compared a dynamic purchasing system (DNS) to a standard online purchase. However, in its judgment No. 22 As 15/2025-65 of 12 May 2026, the Supreme Administrative Court significantly refined this understanding.

Professional literature has traditionally compared a dynamic purchasing system (DNS) to a standard online purchase. However, in its judgment No. 22 As 15/2025-65 of 12 May 2026, the Supreme Administrative Court significantly refined this understanding.

28.5.2026
Capital markets

KŠB Advised J&T IB and Capital Markets on the 3M FUND MSI SICAV Bond Program

Kocián Šolc Balaštík provided legal advice to J&T IB and Capital Markets, a.s. as the arranger in preparing the base prospectus for 3M FUND MSI SICAV a.s.’s bond program.

Kocián Šolc Balaštík provided legal advice to J&T IB and Capital Markets, a.s. as the arranger in preparing the base prospectus for 3M FUND MSI SICAV a.s.’s bond program.