BGH ruling: Misleading packaging at L'Oreal - a victory for consumers
In a landmark ruling on May 29, 2024, the German Federal Court of Justice (BGH) ruled that the packaging of a product must not be proportionate to the amount of product it contains. In doing so, the BGH confirmed a lawsuit brought by the Baden-Württemberg Consumer Association against L'Oreal and found that the contested packaging of the washing gel was misleading.
Deceptive packaging in the sights of the BGH
The legal dispute centered on a L'Oreal wash gel tube that was only about two-thirds full. The VZBW saw this as deception of consumers and took L'Oreal to court. The Düsseldorf Regional Court and the Düsseldorf Higher Regional Court initially dismissed the claim. However, the BGH overturned these decisions and ruled in favor of the VZBW.
Misleading packaging design
The BGH found that the design of the washing gel tube suggests a larger filling quantity than is actually contained. This constitutes misleading consumers and violates the Competition law. It does not matter whether the product is purchased online or in a brick-and-mortar store.
Consequences for companies
The BGH ruling has far-reaching consequences for companies. They must ensure that their packaging is not misleading and is proportionate to the filling quantity. Failure to do so could result in warnings and injunctions from consumer associations.
associations.
What can consumers do?
When buying products, consumers should pay attention to the filling quantity and the relationship to the packaging. They can contact consumer protection organizations if they suspect cheat packaging.
Conclusion
The BGH ruling strengthens consumer rights and sends a clear signal against misleading packaging. Companies are now required to review and adapt their packaging practices. For consumers, it is an important step towards greater transparency and fairness in the retail sector. If you need help with the design of your product packaging, we will be happy to help.
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