Rockwool initiated legal proceedings against its primary competitor, Kingspan, regarding the fire safety claims associated with its insulation products. In the wake of the Grenfell Tower tragedy in London, this has become a highly contentious issue.
The recent judgment of the Arnhem-Leeuwarden Court of Appeal on 24 September 2024 demonstrates that this approach can have the opposite effect. Kingspan was able to turn the case around and accused Rockwool of misleading and unlawful comparative advertising regarding the fire safety of its products. The court ruled in favour of both Kingspan and Rockwool on certain claims. Kingspan disagreed with the decision and filed an appeal. Rockwool also lodged an incidental appeal in response. Kingspan’s principal appeal succeeded in part, but Rockwool’s incidental appeal succeeded only in a limited part. The Court of Appeal ruled that both parties were guilty of unlawful comparative advertising and/or misleading advertising.
The takeaway for businesses is that the principle of the pot calling the kettle black also applies in law. It would have been beneficial for Rockwool to conduct a more thorough review of its own advertising beforehand.
