When a quantum claim leaves you skeptical

Produits de beauté
Ip world
Publié le 6 February 2024

In a recent publication that has since been withdrawn, Guerlain thought it could present a new cream that boasted “a new way of cosmetic rejuvenation for the skin, born of quantum science”.

We applaud Guerlain’s desire to raise the level of scientific knowledge among its consumers, who, standing in front of the mirror in the morning, probably didn’t think that applying a cream to their face would allow them to get to grips with the most complicated and counter-intuitive scientific issues of our time.

Produits de beauté

Even the most experienced will be surprised by this reference (this ‘claim’ as the marketing professionals say) to a science one of whose characteristics is a principle of uncertainty and indeterminacy of measurement…

This rather extravagant claim is an opportunity to remind ourselves that marketing pitches cannot claim everything and anything. In addition to the general obligation of sincerity and truthfulness of information set out in article L.121-1 of the French Consumer Code, which defines and prohibits misleading practices, there are certain specific rules, for example in the cosmetics, food, and financial sectors…

The conditions under which a product or service is marketed are also fairly precisely regulated, including promotions, sales, distance selling, prices, use of the French language, etc.

Failure to comply with these rules exposes the company and its management teams to legal action, which may be taken under both civil and criminal law by regulatory authorities such as the DGCCRF or the Competition Authorities, but also by competing companies on the grounds of unfair competition. The financial consequences can be very serious for the company.

From quantum theory, we therefore advise you to keep only one of the 7 principles for the time being: that of quantification. Having the potential risks of your marketing campaigns and claims analysed and quantified by specialists in consumer and marketing law could save you a lot of trouble.
Don’t hesitate to consult us, as we frequently carry out these tasks for our clients.

And once you have checked, you can go and scratch Schrödinger’s cat in its box, and discuss the fascinating theory of quantum superposition with it, if it’s ‘alive’: https://en.wikipedia.org/wiki/Schr%C3%B6dinger%27s_cat

Jean-Baptiste Bourgeois Rezac Law

 Jean-Baptiste Bourgeois
 Lawyer, Partner at Rezac Law, Brandon Rezac Group

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