Take action against misleading test results now!

Unfair test advertising can distort the market and put you at a direct economic disadvantage. We support you in defending and enforcing your position.

1. individual testing of the test advertisement We analyze your competitors' advertising claims according to the strict criteria of competition law.

• Misleading affiliate advertising disguised as a "test": More and more frequently, websites or blogs are being presented as independent "test portals", although in reality they only serve to advertise their own products or generate commissions via affiliate links. Such "tests" are often formulated too positively for the advertised products, omit critical aspects or present third-party products in a one-sidedly negative light. Such an approach can be seen as deliberately misleading consumers and a violation of the Unfair Competition Act, as it pretends to be a neutral and independent test that does not exist.
• Missing references: All advertising with test results must state the exact location of the publication so that consumers can check it for themselves. If this information is missing or difficult to find, this may already constitute an unfair act.
• Misleading presentation: The test result must be presented truthfully and unchanged. A misleading presentation exists if, for example, a partial result is emphasized positively although the overall result of the test was negative.
• Use of outdated results: Test results can become outdated over time and lose their validity. Advertising with outdated or out-of-date results can be considered misleading, especially if newer tests indicate better products.
• Use of test seals without a license: It is also a violation if a test seal, e.g. from Stiftung Warentest, is used without the required license or after this license has expired. It is also not permitted to change the seal in order to present the product better.
• Misleading "test winner" statements: A product may only be advertised as a "test winner" if it actually received the best rating in the test and the test result relates to the advertised product. It is not permitted to use a test result to advertise another product, even if it is identical.
• Misleading surveys: Self-generated surveys can be misleading if the basis of the survey (e.g. number of participants) is missing or the sample is not representative.

2. active warning of the competition If, after our examination, there is an infringement of competition law, we will issue a warning about the unfair advertising within the framework of a competition law warning.

• Warning: We demand that the competitor immediately cease the conduct complained of and submit a cease-and-desist declaration subject to penalty, which obliges him to pay a substantial contractual penalty in the event of a further infringement.
• Interim injunction: If the competitor ignores the warning, we will apply to the court for an interim injunction to put an end to the unfair competition as quickly as possible.

3. long-term hedging Our aim is not only to resolve the current conflict, but also to protect your company in the long term. We proactively advise you on how you can make your own advertising measures legally compliant and arm yourself against future infringements.