Advertising household appliances – how to do it correctly?

Stating the respective price and describing the technical details are certainly not sufficient. This is what the Federal Court of Justice (BGH) decided in a legal dispute brought by the Zentrale zur Bekämpfung unlauteren Wettbewerbs against a specialist retailer in Stuttgart-Wangen.

The specialist retaileradvertised in two different advertisements in the city magazine washing machines and tumble dryers with their images, the manufacturer's name and the price, without stating the respective model designation for the individual appliances. The Zentrale zur Bekämpfung unlauteren Wettbewerbs considered this advertisement misleading due to the lack of specification of the concrete model designations and asserted claims for injunctive relief and cost reimbursement through its action. Successfully so.

Decision of the BGH

The BGH also followed the assessment of the Zentrale zur Bekämpfung unlauteren Wettbewerbs and rejected the specialist retailer's appeal with its judgment of 19.02.2014 (I ZR 17/13).

The model designations of the electrical household appliances advertised in the contested advertisements are essential characteristics of these appliances, the disclosure of which the specialist retailer was not permitted to withhold from consumers addressed by the advertisement. In the case of a model designation, the reference to the offered product required for the characteristic feature follows from the fact that this product is designated as identifiable by that designation. This individualisation enables the consumer to identify the product precisely and – on this basis – to compare its properties and price with the properties and price of competing products and offers. The entrepreneur must not withhold this information from the consumer when making an offer to purchase.

The fact that technical details of the offered appliances were communicated in the contested advertisements does not, in the BGH's view, justify a different assessment. From the specification of the details it cannot be determined whether other products with comparable technical performance are offered at a lower price and what test results are available on these points. In cases in which the technical data of different products of one manufacturer and even the technical data of products of different manufacturers are identical, consumers cannot make an information-based purchasing decision based solely on the specification of the technical data.

Conclusion

In addition to stating the manufacturer and the technical details, advertising for household appliances must also contain the respective model designation, as this is an essential characteristic which is intended to enable consumers to make an information-based purchasing decision. If the model designation is missing, in addition to theZentrale zur Bekämpfung unlauteren Wettbewerbs competitors can also take action against advertising in this form that is misleading.