Lawyers at the law firm Sołtysiński Kawecki & Szlęzak – Katarzyna Paczuska-Tokarska with the support of Dr. Mateusz Irmiński – represented pro bono the association operating under the name “Stowarzyszenie Twoja Sprawa” in the case brought against the energy drink producer, demanding an apology and compensation for a vulgar advertisement which violated good customs and objectified the image of a woman.
The SK&S lawyers based the Association’s claims against the advertiser on Art. 16 Sec. 1.1 of the Act on Combatting Unfair Competition which states that the acts of unfair competition include, inter alia, advertising contrary to good practices and offending human dignity. It is the first court decision of that kind in Poland which may change the advertisers’ approach to the content they create. The decision is legally final. The Regional Court in Legnica established that the advertisement of Devil Energy Drink violated good customs, and adjudicated that the advertiser publish an apology and pay PLN 60,000 to the foundation operating under the name “Dla Polonii”, dedicated to pupils from Eastern Europe.
