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© Martin Kieffer - Attorney
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When is advertising considered "self-evident" and "flagrantly misleading?

2016-08-23 16:48

Article 7 (1) (c) of Regulation (EU) No. 1169/2011 considers food information misleading by suggesting that the food possesses special characteristics when in fact all similar products possess such characteristics, in particular by specifically emhasizing the presence or absence of certain ingredients and/or nutrients.

§ 5 UWG also considers a claim misleading and unfair if a claim is arguably obvious, since compared to foods that possess the same characteristics the product is in no way special.

There are rulings in place by arguing that if a claim only  aims to inform consumers better about the composition of the product without emphasizing that the product is in no way special compared to products of the same category, these kind of claims must not be considered self-evident (OLG Düsseldorf, 16.12.2014; Az: I 20 227/13). This means that all depends on the presentation of the claim.

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