How can I ensure that my advertising campaigns are not perceived as misleading?
December 12, 2023 | 40,00 EUR | answered by Georg Sauer
Dear lawyer,
I am Daniel Helbig and I run a small business that sells health and wellness products. In recent months, I have been launching advertising campaigns to promote my products and increase my sales. However, I am concerned that my advertising campaigns could be seen as misleading and could potentially lead to legal problems.
Currently, I use statements such as "Our products are the best on the market" or "Our products can help you live a healthier and happier life" in my advertisements on my website and social media. I want to ensure that these statements do not violate competition law and that my advertising campaigns are legal.
My main concern is that my competitors or consumer protection organizations could review my advertising and, in the worst case scenario, I could face high fines or have to close my business. Therefore, I want to take proactive steps and educate myself on how to structure my advertising campaigns in a way that they are not considered misleading.
Therefore, my question to you as an expert in competition law is: How can I ensure that my advertising campaigns are not considered misleading? Are there specific guidelines or laws that I need to follow? What measures can I take to legally protect my advertising campaigns and avoid potential legal problems?
Thank you in advance for your help and advice.
Sincerely,
Daniel Helbig
Dear Mr. Helbig,
Thank you for your inquiry regarding your advertising campaigns for health and wellness products and potential legal issues related to competition law. It is very understandable that you are concerned about the legal safety of your advertising and want to take proactive measures to avoid any conflicts.
In the field of competition law, there are certain guidelines and laws that are meant to ensure that advertising is fair and transparent and does not mislead consumers. One of the most important regulations in this context is the Act Against Unfair Competition (UWG). The UWG prohibits, among other things, misleading advertising and clarifies which statements in advertising are permissible and which are not.
To ensure that your advertising campaigns are not considered misleading, it is advisable to take the following measures:
1. Avoid absolute superlatives: Statements like "the best products on the market" can quickly be seen as misleading, as they are difficult to verify. Formulate your advertising statements objectively and conservatively.
2. Use clear and understandable information: Make sure that all information in your advertising is truthful and understandable. Avoid vague wording and specify how exactly your products can help.
3. Back up your claims: If possible, support your advertising statements with concrete facts and data. Consumers and competitors can verify and understand this information.
4. Keep an eye on the competition: Also monitor the advertising campaigns of your competitors and make sure that your advertising does not infringe on their rights.
As a lawyer specializing in competition law, I also recommend seeking professional legal advice to secure your advertising campaigns legally and minimize potential risks. An expert can review your advertising and suggest adjustments if necessary to avoid legal issues.
I hope that this information helps you to ensure the legal safety of your advertising campaigns. If you have any further questions or need assistance, I am at your disposal.
Best regards,
Georg Sauer
Lawyer specializing in competition law
