Can I claim on my website that my product is healthier than a competitor's?
June 13, 2023 | 40,00 EUR | answered by Georg Sauer
Dear lawyer,
I operate a website where I promote my product. In my range, I have a dietary supplement that I believe is healthier than comparable products from my competitors. I would like to communicate on my website that my product is healthier and therefore offers a clear competitive advantage. However, I am unsure whether I am legally allowed to use this claim.
My competitor has already made similar statements on their website, and I am concerned that I may be on thin ice legally. I do not want to risk receiving a cease-and-desist letter, so it is important for me to know if I can use this claim without any concerns.
Are there guidelines or regulations that I need to follow if I want to present my product as healthier than a competitor's? What legal consequences could I face if I make this claim and it turns out to be unfounded? Are there alternative formulations that I could use to emphasize my competitive advantage without making myself legally vulnerable?
Thank you in advance for your help and support.
Sincerely,
Fred Kieselbach
Dear Mr. Kieselbach,
Thank you for your inquiry regarding the legal permissibility of claims about the health benefits of your dietary supplement compared to products from your competitors. It is understandable that you want to ensure that your advertising is on solid legal ground and does not risk any cease and desist letters.
In the field of competition law, strict rules and regulations apply, especially when it comes to health-related advertising claims. In general, it is allowed to advertise the advantages of a product as long as these statements are true, verifiable, and not misleading. This means that you must be able to substantiate your claim that your dietary supplement is healthier than comparable products from your competitors.
If your competitor has already made similar claims, you should be particularly cautious. You may have the opportunity to rely on existing research or studies to support your claim. It is advisable to seek legal advice before making such statements public to ensure that you do not violate any laws or regulations.
If your claim turns out to be unfounded, legal consequences such as cease and desist letters or claims for damages could be brought against you. Therefore, it is important to carefully consider whether you can actually substantiate your statement beforehand.
Alternative ways to highlight your competitive advantage could be, for example, stating that your product is "of particularly high quality" or "contains purely natural ingredients." These statements are less specific and therefore less vulnerable to attack. However, it is still important that you can prove the truth of your statements in case of a legal dispute.
I strongly recommend you to get in touch with an experienced competition law attorney to discuss your specific situation and receive individual advice. Only in this way can you ensure that you use legally sound advertising statements on your website.
Best regards,
Georg Sauer, Attorney
