The judges acknowledged that the Prism ceiling light from Zenium does not comply with D65, contrary to that company’s advertising. The courts also noted that the D65 standard is important for dentists.
In a ruling of 20 January 2016, Nancy Court of Appeal upheld the interim order made on 24 November 2014 by Nancy Commercial Court against ZENIUM. The case was brought by Degré K against Zenium on the grounds of the misleading Zenium advertising claiming that their Prism appliance complied with the D65 normative reference for daylight.
Degré K, manufacturer of the Albedo LED D65 ceiling light which is officially certified under the D65 standard, suffered unfair competition for more than a year. Distributors and dentists were deceived. To this day Zenium continues to ride roughshod over the enforceable court ruling.
Quite apart from the commercial considerations and simply from an ethical point of view, Degré K considers it unacceptable to deceive practitioners and distributors about the quality of lighting systems and the potential risks run by dentists who install LED luminaires which are unsuitable for their working conditions.
The ruling confirms how important it is for dentists for the lighting systems they install to comply with D65 and orders Zenium to cease and desist offering the Prism product for sale, display or marketing with a reference through written or verbal advertising, in the press, on the internet or in any medium to compliance of their product with D65 illuminant certification, subject to a penalty of 500 Euros per infringement found.
