COMPETITION LAW
Marketing concepts
Food, food for specific groups, nutritional supplements, medicines, cosmetics… an extensive product portfolio may involve numerous pitfalls under competition law, which can be avoided with a good advertising concept.
What must be shown on the label? What advertising statements are allowed to be used? What are the permitted forms and limits of “eco-labelling”, meaning advertising the eco-friendliness of a product or packaging? When is a statement considered to be health-related and on what conditions are such statements allowed to be used in advertising? These are only some of the questions you may be faced with.
With a view to a high level of consumer protection, the legal requirements are usually strict, so it is advisable to keep them in mind from the outset of product development. Apart from provisions of the Food Information Regulation, the Health Claims Regulation, the Ordinance on Food Supplements, the FSG Regulation and Delegated Regulations, the Act against Unfair Competition and many more can play a role.
We find out for you what specific regulations need to be observed for your products, subject your product advertising to a comprehensive review or assist you in adapting existing advertising campaigns.
We also help you develop your business model in line with advertising regulations, including beyond the typical questions regarding foods, cosmetics and medicines and beyond the known advertising media. Whether it is about product advertising, sponsorship, assessment of distribution channels and concepts or individual advertising media – get in touch with us!
You have received a warning notice?
You have received a warning notice from a competitor or a consumer or competition association?
Such a warning notice is designed to enforce claims for injunctive relief and compensation out of court quickly and (relatively) cost-effectively. Since there is a multitude of competition rules to be observed, especially in the context of foods, cosmetics and medicines, warning notices have also become the order of the day in this field.
We find out for you whether the complaints filed with the warning notice are justified.
Even if this is the case, parts of the contested statements can often be successfully defended. In this case, submitting a modified cease-and-desist declaration may be advisable. Negotiating adequate grace periods in relation to the products you sell can also be of essential significance. We help you conduct the corresponding negotiations and also assist you in adapting your advertising statements in a legally compliant manner.
If the warning notice is unjustified as a whole or if it is reasonable to obtain a court decision, we support you as well. We are your point of contact both out of court, such as in injunction proceedings, if necessary by filing caveats, and in principal proceedings.
You would like to issue a warning notice?
You yourself have a cautious advertising concept, but believe that the advertising practices of competitors are unfair? We find out for you whether this is the case and advise you regarding the further course of action. It may be necessary to issue a warning notice to the competitor, which we can issue or initiate on your behalf. But we may also find that adapting your own advertising statements could be a solution.
Get in touch with us. We will be happy to help you.