Unfair and Misleading Advertising

Advertising claims can be unlawful if they mislead, omit material information or otherwise qualify as unfair commercial practices under the UWG.

Back to Competition Law.

What is actually communicated?

The legal assessment is based on the overall impression made on the relevant audience, not only on a single sentence viewed in isolation. Headlines, qualifiers, footnotes, imagery and landing pages can all affect meaning.

Comparisons and superiority claims

Price, quality, market-position and comparative claims require a factual basis. The stronger the claim, the more important it is to document the evidence supporting it.

Competitor response

A business affected by unlawful advertising should preserve the advertisement, date, channel and reach. Depending on the circumstances, injunctive relief and other claims may be considered.

Preparing a competition-law review

Please preserve the complete advertisement, shop page or marketplace listing, including screenshots with date, URL and surrounding context. Any cease-and-desist correspondence, proposed undertaking, invoices and a concise chronology are also useful. For advertising claims, documents supporting the factual basis of the statement can be as important as the wording itself.

Advertising law depends heavily on wording, context, target audience and proof.