Can I claim on my website that my product is better than that of a competitor?
December 24, 2022 | 30,00 EUR | answered by Sophia Breitwieser
Dear competition law attorney,
I operate an online shop where I sell various products. I have recently added a new product to my range that I believe is of significantly higher quality than comparable products offered by my competitors. I would like to claim on my website that my product is the best on the market and outshines the products of my competitors. However, I am unsure whether this is legally permissible and whether it could constitute a violation of competition law.
My concern is that I may face legal consequences if I make such claims about my products. I am aware that competition law imposes strict rules and that misleading advertising is not allowed. Therefore, I want to ensure that I comply with all legal requirements and avoid any legal issues.
Could you please clarify whether I am allowed to claim on my website that my product is better than a competitor's? Are there specific formulations I should use to avoid any legal concerns? What consequences could arise if I make such a statement and it is challenged by a competitor?
Thank you in advance for your help and advice.
Sincerely,
Helma Bauer
Dear Mrs. Bauer,
Thank you for your inquiry regarding the legal permissibility of statements about the quality of your products under competition law. It is understandable that you are concerned about whether such claims could potentially expose you to legal consequences. In the following, I will try to explain comprehensively what you should consider.
In general, competition law allows companies to advertise their own products and to highlight the quality and characteristics. However, there are regulations in place to ensure that advertising statements are not misleading and do not deceive the consumer. Therefore, when promoting your product, you must ensure that your statements are true and can be substantiated.
So if you want to claim that your product is the best on the market and outshines your competitors' products, you should make sure that you can support this statement with concrete facts and data. It is important that your statements are objectively verifiable and do not just reflect subjective opinions.
To avoid legal concerns, you could use formulations such as "our product has been rated as the best" or "our product has convinced in independent tests". Such formulations make it clear that your statements are based on objective criteria and not just mere claims.
If a competitor questions your statement and takes legal action, you must be able to prove the accuracy of your statements. In such a case, it could lead to warnings or even legal disputes. Therefore, it is advisable to secure yourself well in advance and only make statements that you can substantiate.
In conclusion, I would like to emphasize that it is indeed possible under competition law to highlight the quality and special features of your products, as long as this is based on understandable and objective criteria. If you are unsure whether your advertising statements are legally permissible, I recommend seeking legal advice to avoid legal problems.
I hope that I could help you with this information and I am available for further questions.
Best regards,
Sophia Breitwieser
Attorney specializing in competition law
