When is an advertising statement considered misleading within the scope of competition law?
March 9, 2022 | 40,00 EUR | answered by Georg Sauer
Dear lawyer,
My name is Emma Zimmermann and I run a small online shop for fashion accessories. Lately, I have been experiencing increased problems with my competition, who I believe is making misleading advertising claims. I am unsure if these claims actually violate competition law and what I can do about it.
The competition claims in their advertisements that their products are made 100% from recycled materials, while my research has shown that this is not entirely the case. I am concerned that these false statements could lead potential customers to prefer their products, even though they do not meet the advertised standards.
My question to you as an expert in competition law is therefore: When is an advertising claim considered misleading under competition law? Are there clear guidelines or criteria that I can use to assess whether the advertising claims of my competition are legally problematic? And what steps can I take to address this misleading advertising and protect my business?
I thank you in advance for your help and advice on this matter.
Sincerely,
Emma Zimmermann
Dear Mrs. Zimmermann,
Thank you for your inquiry regarding misleading advertising claims by your competitors in relation to recycled materials. As a lawyer specializing in competition law, I can assist you and provide some important information on this topic.
An advertising claim is considered misleading under competition law if it contains false or misleading information that is likely to influence consumers' economic behavior. The statement must be objectively incorrect or at least omit essential information that is relevant to consumer decision-making. In your case, if the competition claims that their products are made 100% from recycled materials, but this is not the reality, it could be considered as misleading advertising.
There are clear guidelines and criteria by which you can assess whether the advertising claims of your competitors are legally problematic. Firstly, the statements must be truthful, clear, and understandable. They must also be comprehensible to the average consumer and must not omit essential information. Therefore, if the competition does not actually use 100% recycled materials, this would be a violation of these guidelines.
To address this misleading advertising and protect your business, you can take various steps. Firstly, you should contact the competition directly and point out the questionable advertising claims. If this is not successful, you can take legal action, for example, by issuing a warning against the competition. It is important to seek the advice of an experienced lawyer specializing in competition law who can support you in this process.
I hope this information is helpful to you and I am available for any further questions. Best of luck in enforcing your rights in competition law.
Sincerely,
Georg Sauer, Lawyer specializing in competition law
