Advertising to children is subject to particular protection. Safety warnings must be visible before purchase, also online.
Legal framework
- Toy Safety Directive 2009/48/EC and 2. ProdSV: CE marking, warnings such as “not suitable for children under 36 months” visible before purchase
- GPSR (EU) 2023/988, Art. 19: mandatory information in distance selling
- Annex No. 28 UWG: direct exhortations to children to buy are prohibited
Case law
- BGH, 3 April 2014, I ZR 96/13 – a school-report discount campaign aimed at children was lawful; a general purchase appeal without product reference is not enough for No. 28
- BGH, 10 April 2025, I ZR 80/24 – imitation protection for toys; warning costs only up to the stated value
Case examples
“Ask your parents now!”
A toy ad in a children’s app says “Get the new robot – ask your parents today!”. Direct purchase appeal to children.
Missing warning online
A shop sells small-part toys without the age warning on the product page.
