Ritter Sport wins again against Stiftung Warentest

The second instance in the chocolate dispute is now decided. The Higher Regional Court Munich (OLG München) confirmed today that Stiftung Warentest may no longer claim that Ritter Sport uses an artificial vanilla flavour instead of the stated natural vanilla flavour for its full nut chocolate.

Stiftung Warentest had tested various nut chocolates and published the results on its website and in its magazine in November 2013. In doing so, it gave the "Voll-Nuss" variety from Ritter Sport the grade "unsatisfactory" because a chemically manufactured flavouring substance was said to have been detected in the chocolate. Subsequently, Ritter Sport successfully applied for a preliminary injunction against this statement (we reported).

Stiftung Warentest appealed against this, and the OLG Munich now had to decide on the appeal.

Decision of the Court

By judgment of 09.09.2014, the Higher Regional Court Munich (OLG München) dismissed the appeal by Stiftung Warentest against the judgment issued at first instance (LG München I, judgment of 13.01.2014 – 9 O 25477/13 – press release). This is reported by Stiftung Warentest today on its webpage.

The court justified the dismissal of the appeal on the grounds that Stiftung Warentest had made a factual assertion in its test report. However, based on its research, it had not "proven" but "concluded" what type of piperonal was involved.

Stiftung Warentest had made a factual assertion in its test report. However, based on its research, it had not been able to prove but only concluded that the flavouring substance was a chemical one contrary to Ritter Sport's statement. However, due to the weight of their statements, the product testers must exercise particular care in checking whether the information they published is correct. According to the affidavit made by the flavouring supplier Symrise, this was not to be assumed.

Conclusion

Ritter Sport has thus won the second round in the preliminary injunction proceedings against Stiftung Warentest. However, the product testers can now continue the entire proceedings in main proceedings. Whether the chocolate dispute is now concluded with the OLG's judgment will therefore only become apparent in due course.