Especially on the internet, product advertising with test results is very popular. Unfortunately, a lot can be done wrong when advertising with such test results. These mistakes are often warned by competition associations and "warning lawyers", especially when selling goods on sales portals such as eBay and Amazon.
We tell you how to advertise with test results to avoid warning letters.
Is it allowed to advertise with test results?
In principle, you may advertise with test results. Also with test winners.
Is it allowed to advertise with the designation "test winner"?
First, the procedure in which the test is won must be objectively neutral. The test procedure must include a representative selection of the products under consideration. If a product has achieved the test victory, this product may be advertised with the designation "test winner". The designation "test winner" may also be used if "only" first place was awarded in the test. A product that shares the victory with another product may also be called a test winner.
Is it allowed to advertise with older test results?
They may also advertise with older test results if the time of publication of the test results is made recognisable, no more recent test results are available for the tested products, the advertised product is the same as the product actually tested and is also not outdated by new technical developments.
Does a reference have to be given for the test result?
If you advertise a test result, you must, according to current case law, provide a reference for the test. It is not sufficient to simply state a magazine and its name as the source. The reference must be verifiable and findable for the consumer. According to case law, this is only possible if you name the magazine and state in which year and in which issue the test can be found.
It also makes no difference whether you display the test result in an advertisement or whether you only advertise it indirectly by depicting the product packaging and the test result is recognisable on the product packaging. In both cases, you must provide a clear reference for the test result.
The reference must be easy to find, easy to read and clearly verifiable for the prospective buyer due to the design of the advertisement.
If you advertise a test result on the internet, the reference to the source must be clearly visible on the first page of the advertisement. According to case law, it is also sufficient if a clear asterisk leads to the reference or if the reference is linked in the advertisement.
In the case of an advertisement with test results on television, the television viewer must also have the possibility to check the reference with the test result. According to case law, the insertion of the logo of the test organiser for 2 seconds at the end of the commercial is not sufficient for this.
We are at your disposal for questions and explanations on the topic of "advertising" and on other questions in competition law.
GoldbergUllrich Lawyers 2020
Attorney at Law Michael Ullrich, LL.M. (Information Law)
Specialist lawyer for information technology law
