Address details in advertising brochures

Advertising brochures and other printed advertising materials must also contain certain mandatory information. For example, the identity and address of the advertiser must be stated. The Higher Regional Court (OLG) Saarbrücken had to decide whether, in the case of a company with branches, the mere listing of a branch address is sufficient.

A company operating several furniture stores advertised offers of its furniture stores in a brochure. The brochure contained only the address and telephone number of the respective branches. Information about the company itself was missing.
A competition association brought proceedings against this.

Court decision

The OLG Saarbrücken (Judgment of 06.03.2013 – Az. 1 U 41/12 – 13) assessed the brochure information as insufficient and therefore as unfair competition.

An entrepreneur has a duty to inform the consumer about the identity and address of the entrepreneur if goods or services are offered with reference to their characteristics and price in a manner appropriate to the communication medium used, such that an average consumer could conclude the transaction. For this purpose, sufficient information about the product and its price in the advertisement would be sufficient.

The mere statement of a branch address is not sufficient information about the required information regarding the address and identity of the entrepreneur. The consumer should be able to identify who they are entering into a contractual relationship with, or who is behind the advertisement. The mere statement of a branch address is not sufficient for this; instead, the address of the underlying company must be provided.

Conclusion

For companies with branches, the decision requires attention to ensure that the address of the company is always stated, if necessary alongside the branch address.

In principle, it applies that mandatory information required by law must be observed even in brochures, as otherwise this can result in costly cease-and-desist letters and the destruction of advertising material that may be expensive to produce.