No liability for customer reviews on Amazon

Is a seller liable for a false statement in a customer review on Amazon? The Federal Court of Justice (BGH) has now definitively clarified this question and answered it with a clear "no".

The Association for Fair Competition (Verband Sozialer Wettbewerb e.V.) took action against a seller of kinesiology tapes, which the seller marketed on Amazon. Customer reviews of the product included, among other things, statements such as "pain-relieving tape!", "Pain quickly subsides", "Pain relief is noticeable". However, it is not scientifically established that the tape is suitable for pain treatment.

The BGH decision on customer reviews on Amazon

According to the BGH (judgment of 20.02.2020 – Az. I ZR 193/18), the seller is not liable for the false factual assertion in the customer reviews. Liability would only come into question if the seller had advertised with the reviews or had caused them. Furthermore, liability would exist if the seller had adopted the customer reviews as his own by assuming editorial responsibility for them.

This is not the case for customer reviews which are identified as such and are separate from the seller's offer. This is because platform users do not attribute these to the seller's sphere of responsibility. It is precisely for this reason that consumers have a strong interest in customer reviews. Furthermore, there is no obligation on the seller to prevent misleading information through customer reviews.

According to the BGH, customer review systems on online marketplaces are socially desirable and enjoy constitutional protection. The freedom of information and opinion protects customers who provide product reviews and allows potential customers to inform themselves about such product reviews.

Conclusion

Merchants can breathe a sigh of relief following the BGH's decision. The BGH decides in consistent application of the principles previously established for the responsibility for statements by third parties. The line is drawn where customer reviews do not represent an independent consumer survey, but rather constitute part of the seller's offer or advertising for the seller's offer.

Therefore, a seller who uses an online marketplace should ensure that they do not advertise with reviews that reflect false product properties. Sellers should also not assume editorial responsibility by soliciting or purchasing reviews, or attempting to influence their content.