Can I publish test results of my products in my advertising activities?
April 6, 2022 | 35,00 EUR | answered by Sandra Bittner
Dear Competition Law Attorney,
My name is Zofia Weiß and I run a small business that manufactures and distributes cosmetic products. Recently, we have received some positive test results for our products and I would like to use these results in my advertising efforts to enhance the trust of our customers.
However, I am unsure if I am allowed to publish the test results without any restrictions, as I have heard that there may be some limitations in the field of competition law. I do not want to risk any legal issues, so I am seeking your expertise on this matter.
The current situation is that we have already received some positive reviews and test results confirming that our products are of high quality and effective. These results could give our brand a significant advantage in competition. However, I am unsure if I am allowed to simply publish the test results or if there are specific legal requirements to consider.
My concerns lie in not knowing exactly which rules and laws in the field of competition law apply when it comes to using test results in advertising. I want to ensure that we comply with all regulations and avoid any legal consequences.
Therefore, my question to you is: Am I allowed to publish test results of my products in my advertising efforts, and if so, what legal provisions should be considered? Are there any specific guidelines or restrictions that I should take into account to avoid legal issues? I would greatly appreciate your assessment and possible solutions.
Thank you in advance for your help.
Sincerely,
Zofia Weiß
Dear Mrs. Weiß,
Thank you for your inquiry regarding the use of test results of your cosmetic products in your advertising campaigns. It is understandable that you want to be cautious to avoid any legal issues. In the field of competition law, there are indeed certain regulations to be observed when using test results in advertising.
In principle, it is allowed to use positive test results of your products in advertising, as long as these results are truthful and verifiable. Therefore, you must not make false or misleading statements about the quality or effectiveness of your products. Furthermore, the test results must come from an independent source and must not be manipulated.
It is important that you present the test results in a specific and understandable manner so that consumers can interpret the information correctly. You should also ensure that the test results do not give the impression that your product is superior or unique if this is not the case.
Additionally, you should ensure that the test results are up-to-date and not outdated. Outdated or no longer valid test results could lead to legal consequences. It is advisable to regularly conduct new tests and update the results accordingly.
It may also be useful to discuss the use of test results in your advertising campaigns with a competition law attorney to ensure compliance with all legal requirements. An expert can help you identify potential risks and take appropriate measures to avoid legal issues.
In conclusion, it is generally allowed to use test results of your products in advertising as long as they are transparent, truthful, and verifiable. By following these guidelines and regularly reviewing them, you can strengthen the trust of your customers and avoid legal problems.
I hope this information is helpful to you and I am available for any further questions.
Sincerely,
Sandra Bittner
Competition Law Attorney
