Dobre obyczaje i godność w reklamie żywności

Food law does not address issues of custom and dignity in food advertising. These issues are regulated by the provisions of „general” advertising law. At the same time, good manners, customs, dignity, equality or non-discrimination are notions that are vague in meaning. The implication of this state of affairs was the emergence of two types of assessment of good morals in advertising: economic-functional and moral-ethical. Depending on the choice of one of them, the good manners and dignity clause takes on different dimensions. The purpose of the paper is to attempt to answer the question of whether it is possible to build a catalogue of criteria for the court to assess that there has been a violation of good manners or human dignity in food advertising. In other words, whether it is possible to draw a line between the market function of advertising and the associated freedom of expression and moral principles and fairness in business dealings. This issue is of key importance in determining the design rules for lawful food advertising.