How can I ensure that my advertising statements do not violate competition law?
February 3, 2024 | 30,00 EUR | answered by Sophia Breitwieser
Dear Competition Law Attorney,
I am Ralf Eberstark and I run a small business specializing in the sale of sports equipment. I want to promote my products in the best way possible to attract more customers. However, I am concerned that my advertising claims may potentially violate competition law.
Currently, I advertise my products mainly on my website and on social media. I often use statements like "Unbeatable prices" or "Best quality". I want to ensure that I do not make any misleading or unfair advertising claims that could disadvantage my competitors.
My concern is that my advertising claims may possibly violate the law and I may face legal consequences as a result. I want to continue to make my advertising efforts effective, but also comply with legal requirements.
Can you please explain to me what legal requirements I need to consider in my advertising claims to ensure that I do not violate competition law? Are there specific formulations or information that I should definitely avoid to be legally compliant?
I would greatly appreciate it if you could provide me with specific tips and suggestions on how to legally craft my advertising claims in order to minimize potential legal risks.
Thank you in advance for your help and support.
Sincerely,
Ralf Eberstark
Dear Mr. Eberstark,
Thank you for your inquiry regarding the legal requirements for advertising claims within competition law. As a competition law attorney, I would be happy to assist you and provide you with some specific tips on how to legally craft your advertising claims to minimize potential legal risks.
First and foremost, it is important to note that advertising claims within competition law must not be misleading. This means that you cannot make false or misleading statements about your products or services. Statements such as "Unbeatable prices" or "Best quality" are generally allowed as long as they are true and objectively verifiable. Therefore, you should ensure that your advertising claims are supported by facts or evidence.
Furthermore, you should be careful that your advertising claims are not capable of unfairly disadvantaging competitors. This means that you should not make unfair comparisons with your competitors or disparage their products. Instead, you should focus on the positive attributes of your own products and highlight them.
It is also important that you do not make prohibited statements in your advertising, such as misleading statements about the price or availability of a product. You should communicate transparently and clearly to avoid misunderstandings.
To be legally safe, I recommend having your advertising claims reviewed by a competition law attorney before publication. An expert can help you identify potential risks and adjust your advertising claims accordingly.
I hope that these tips are helpful to you and that you can formulate legally compliant advertising claims in the future. If you have any further questions or need legal assistance, I am at your disposal.
Best regards,
Sophia Breitwieser
