Misleading advertising in Republika Srpska: what is banned and the fines

Anyone advertising local farm products or a guesthouse on a website, on social media, on a sign or at a fair must tell the truth about the product, the price and the origin. Two laws apply: the Law on Consumer Protection (Zakon o zaštiti potrošača, Službeni glasnik RS no. 101/25) and the Law on Misleading Advertising (Zakon o nedopuštenom oglašavanju, Službeni glasnik RS no. 52/12). Gazette no. 101/25 was published on 19 November 2025. The consumer law enters into force on the eighth day after publication (Article 143), so it has applied since 27 November 2025.

In short

• A commercial practice with false information is banned, and so is one that presents true information in a way that misleads the average consumer (Article 38 of the Consumer Protection Law).
• The law lists claims about the country of production, method of production, composition, quantity, price, awards and association membership.
• Fines for a trader: company 2,000 to 10,000 KM, sole trader 1,000 to 5,000 KM, responsible person in a company 800 to 4,000 KM.
• Market inspectors supervise. A competitor can sue in the commercial court.

Who it applies to

Traders. Under the law, a trader is a company, a sole trader or a natural person registered under hospitality regulations who acts on the market as part of their business (Article 2). The guest or buyer is the consumer. If you are not sure whether you count as a trader, ask a market inspector before you publish the advert.

What the law bans

• A false claim about the product. A false or misleading claim about the country of production, method of production, composition, quantity, expected results and price is banned (Article 38, paragraph 2). The law does not define the word "domaće" (home-made, local). The test is whether the claim misleads the buyer. A typical risk is bought-in honey or cheese sold as "our own home-made".
• Credentials you do not hold. You may not use trademarks or quality marks without authorisation or falsely claim that someone approves or supports you (Article 40, points 2 and 4). The same applies to awards, memberships and qualifications you do not have (Article 38, paragraph 2, point 6).
• Healing claims. You may not say a product cures a disease (Article 40, point 16). Take particular care with herbs, honey and rakija.
• Price and availability. Banned: an advertised price for goods you cannot supply (points 5 and 6), a false "only until Friday" (point 7) and a false announcement that you are closing down (point 14). An invitation to buy must show the price and any extra costs (Article 39, paragraph 4). In a sale, show the lowest price of the last 30 days next to the reduced price (Article 14, paragraph 6).
• An advert presented as editorial content. The law bans using editorial space in the media for advertising, and failing to make clear by sound or image that the advert is paid (Article 40, point 10). We recommend labelling paid posts on social media as paid, although the law does not say this in those words. Presenting the buyer's legal rights as your special offer is also banned (point 9).
• Comparing yourself with a competitor is banned if the comparison is misleading, compares goods meant for different purposes, does not objectively compare verifiable features, including price, discredits a competitor's mark or product, or presents your product as an imitation of a protected product (Article 6 of the Law on Misleading Advertising).
• Ordinary exaggeration that nobody takes literally is not banned (Article 37, paragraph 4).

What to do

1. Keep proof for every claim in your advert: receipts for raw materials, certificates, official decisions, analysis results.
2. Do not display a mark, award or category you do not have. Rules for organic products are in the article on organic production in Republika Srpska.
3. Show all extra costs next to the price, and when you discount, show the lowest price of the last 30 days.
4. Label paid posts as paid.
5. If you receive an inspector's decision or a lawsuit, withdraw the advert at once.

Who enforces it and how

• Inspection. Republička uprava za inspekcijske poslove (the Republic Inspection Authority) supervises through the republic market inspector and the market inspector in the municipality or city (Article 124, paragraph 2). A buyer can report a misleading advert to the market inspectors, and so can a competitor.
• Consumer complaint. A separate deadline applies to a consumer whose justified request the trader did not meet (a complaint about goods or a service). The consumer can turn to the inspectorate within 90 days of learning about the violation, and no later than six months after it, and gets a written answer within 30 days (Article 121). This is not the deadline for reporting an advert.
• Court. A trader, an association of traders or another interested person can ask the court to ban an advert. The claim must be filed within six months of learning about the advert and no later than one year after the violation. The district commercial court (okružni privredni sud) for the defendant's place of residence or registered seat decides. The court does not examine whether any damage occurred. The defendant must prove that the claims are true. If the defendant cannot, the claims are treated as false. The judgment can order the advertising to stop and the judgment or a correction to be published at the defendant's cost (Articles 7 to 10).
• The Law on Misleading Advertising sets no fines. Fines are in the consumer protection law. The translation of the Law on Misleading Advertising that we used is the 52/12 version. We found no amendments, but before you rely on it, check with the Ministry of Trade and Tourism (Ministarstvo trgovine i turizma) whether it has been amended.

Amounts of fines

• Misleading practice (Articles 38 and 40), missing essential information in an invitation to buy (Article 39, paragraph 4) and not showing the lowest price of the last 30 days in a sale (Article 14, paragraph 6): company 2,000 to 10,000 KM, responsible person in a company 800 to 4,000 KM, sole trader 1,000 to 5,000 KM (Article 131, paragraph 1, points 6 and 25, and paragraphs 2 and 3).

Where to go

• The market inspector in your municipality or city, and the Republic Inspection Authority, whose website is Inspektorat Republike Srpske (Inspectorate of Republika Srpska), with a section for reports and complaints. Ask your municipal administration for the contact details of the market inspector for Trebinje and other municipalities.
• For prices, receipts and the complaints book, see the article on consumer protection in Republika Srpska.

Laws and sources

• Zakon o zaštiti potrošača u Republici Srpskoj (Službeni glasnik RS no. 101/25). The gazette text is published on the website of the Ministry of Trade and Tourism. Gazette no. 101/25 was published on 19 November 2025. Article 142 repeals only the earlier consumer protection laws, not the Law on Misleading Advertising.
• Zakon o nedopuštenom oglašavanju (Službeni glasnik RS no. 52/12), unofficial English translation by the Ministry of Trade and Tourism