Insufficient Stock During a Promotion (Bait Advertising)

When a company advertises a specific product, it must ensure that sufficient stock is available. Stock levels must be consistent with both the advertised price of the product and the scope of the company's advertising. The goal is to prevent consumers from being enticed by offers or promotions for products that are ultimately unavailable or in short supply. That sales technique, known as "bait advertising", is prohibited.

In addition, if the price of an advertised product that is out of stock exceeds 25 euros, shops are required to issue customers with a voucher entitling them to purchase the promotional item. The purchase must be possible within a reasonable period of time.

This requirement does not apply if the company:

  • indicates in the advertisement the quantity of available products at each point of sale;
  • states that the offer is valid while stocks last and that it will no longer be possible to stock the products in question under the same conditions;
  • no longer intends to sell the products once the current stock has been sold out, and clearly states this in the advertisement.

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