Use of a test rating from Stiftung Warentest in breach of competition law?

The Regional Court (LG) Heilbronn had to decide whether an advertising announcement submitted to the court, in which a test rating from Stiftung Warentest was advertised, was misleading and thus in breach of competition law.

A manufacturer of dog food was awarded a test rating of "Very good" by Stiftung Warentest for one of its products. Subsequently, the manufacturer advertised its product, which had been awarded by the foundation, alongside other dog foods from the company in an advertising announcement. In doing so, it placed the test rating "very good" centrally between the dog food rated by the foundation and another of its products. The Consumer Federation (Verbraucherzentrale Bundesverband) considered this advertising misleading and issued a warning to the manufacturer, since the manufacturer suggested to the public through the advertising that both advertised products had been rated "Very good" by Stiftung Warentest.

Court Decision

As the Consumer Federation announced on its website, the Regional Court (LG) Heilbronn decided in itsJudgment of 12.01.2012 – Case Number 8 O 381/11 Hä– that advertising for dog food is misleading if the test rating is displayed centrally but refers only to one of the products.

The fact that the test result refers only to one of the dog foods advertised in the advertisement is obscured by the central arrangement of the Warentest logo. By doing so, the manufacturer intended to clearly deceive the relevant circles of the public into believing that the positive test rating referred to both animal food products. No other reason for the chosen presentation is apparent.

Conclusion

When presenting awards for its products in the context of advertising, one should ensure that only the award-winning product is advertised accordingly. Otherwise, there is a risk of being issued with a warning for misleading consumers in breach of competition law.