Advertising campaigns are designed to arouse customer’s interest. They are hardly compatible with providing full and objective information to the consumer so that he or she can make an informed choice. The dangers of advertising are especially acute when it comes to subscribing to a service such as Internet access. In an effort to protect consumers and in application of article L121-1 of the French Consumer Protection Code, misleading advertising is a criminal offence. Whilst analysing the general conditions required for an advert to be considered misleading under French law, the author gives consideration to the approach adopted by the French courts in their definition of the notions of “free” and “unlimited” internet access. 

This article was first published in the Hertfordshire Law Journal published by the Centre for International Law of the University of Hertfordshire.