Superiority claims must be true and the lead must be clear and lasting. Statutory rights may not be presented as special benefits.
Legal framework
- § 5 UWG: superiority claims must be accurate; the advertiser often bears the burden of explanation
- Annex No. 10 UWG: presenting statutory rights as a special feature is prohibited
Case law
- BGH, 19 April 2012, I ZR 173/11 – “best price in town” combined with a price guarantee is not misleading
- BGH, 19 March 2014, I ZR 185/12 – presenting statutory rights as voluntary benefits is unlawful
Case examples
“Market leader”
A company claims market leadership based on a two-year-old survey. Outdated data make the claim misleading.
“14-day return policy”
An online shop advertises the statutory withdrawal right as a special service. Prohibited.
