Tuesday, June 18, 2013

Misleading Slogan

As written by Inga Höfener on February 20, 2011 at Consumer Goods Club Blog

The German Court of Appeal in Stuttgart prohibited a German dairy product producer the use of the slogan “So wichtig wie das tägliche Glas Milch” (as important as your daily glass of milk) – decision of 27 January 2011, case 2 U 61/10.

The company used the slogan to advertise a fruit curd cheese preparation for children. A German competition association objected the slogan as being misleading to the consumer.

The curd cheese preparation comprises the same amount of calcium as milk but also a huge amount of additional sugar. The competition association stipulated that parents would assume that a portion of the sugared curd cheese preparation would replace a glass of milk.

The Court of Appeal confirmed the association’s opinion that the slogan is misleading because of the high amount of sugar in the curd cheese preparation. In prior decisions courts dismissed the claim stating that the slogan is not misleading to the consumer. Consumers would understand the product as a supplement to milk. Moreover information on the product is available from the list of ingredients on the product itself.


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