Glasses and hearing aids are medical devices; the HWG applies, especially its rules on gifts.
Legal framework
- § 7 HWG: gifts only of minor value or as permitted discounts
- § 3 HWG: misleading claims
- Both professions are licensed crafts
Case law
- BGH, 17 July 2025, I ZR 43/24 – loyalty points on hearing aids are permitted only up to EUR 1 per purchase
- BGH, 3 Nov 2016, I ZR 227/14 – online varifocals may not be advertised as “optician quality” if they do not meet the standard
- OLG Stuttgart, 6 Aug 2020, 2 W 23/20 – free glasses for care workers were an unlawful gift
Case examples
Second pair free
“Second pair free” can be a permitted discount if it is a genuine price reduction for the same product type; free unrelated items are not.
Hearing test with voucher
A free hearing test comes with a EUR 50 voucher for hearing aids. Unlawful gift under § 7 HWG.
