By Janet McEvoy

BRUSSELS, Nov 9 (Reuter) - The Consumer Council reached

political agreement on a common position on Thursday designed to

prevent companies using unfair comparisons with named rivals to

promote themselves.

"It's possible to say that the American Express card offers

a lower discount than Visa. What they cannot say is that Dash

washes whiter than other detergents. This has not been proven,"

Consumer Affairs Commissioner Emma Bonino told a news

conference.

The Council, mindful of the damage done to consumers by

growing advertising on unregulated "miracle products" which

offer wonders on the basis of no scientific proof, also ordered

the Commission to draw up a study on them by next November.

Bonino said the study would look into the state of the art

of the kind of product which says "you can lose 10 kilos in two

days and make your lover come back to you having lost interest."

"It's indispensable because you are bombarded with this kind

of advertising which promises the earth," Bonino said of the

study. On the basis of the report the Council will decide if and

how to control the products which fall into a grey area between

foodstuffs and medicines.

Other miracle products cited by the Spanish EU presidency

involve cures for excess cholesterol, tension, stress, skin

cures and bracelets which are supposed to eliminate rhumatism.

A Spanish study discussed by the ministers said they were

marketed using distance selling, in health food shops and

pharmacies and to people receiving services in health

clinics, hairdressers and massage parlours.

The EU ministers ware amending an existing EU directive

84/450/EEC on misleading advertising to take account of an

increasing tendency to score commercial points by comparing

one product favourably or unfavourably with another.

The new legislation, which still has to be formally adopted,

says that such "comparative advertising" should be allowed as

long as it is not misleading, it compares goods or services

meeting the same needs or intended for the same purpose and

objectively compares one or more material or feature, such as

price.

"You can compare products which are the same. You cannot

have an advertisement comparing parma ham or ham," Bonino said.

The advertising must also not create confusion on the market

place between an advertiser or a competitor or their trade marks

or bring into disrepute a competitor's trade marks, names or

other distinctive signs.

It also offers protection against unfair use of other

products' origins, so one kind of champagne can compare itself

with another, but Spanish rioja can not compare itself with

champagne.

The Council also adopted resolutions on consumer credit and

consumer education and discussed for the first time plans to

make retailers display prices per unit of products to enable

consumers to compare prices more easily.

The Council will have to come back to that at a future date. REUTER