Misleading advertising

Any misleading in advertising is unfair (§§ 3 and 5 UWG). Examples: untrue verifiable information about the characteristics of goods and services such as price, price calculation, availability, type, design and composition, the reason for the sale and the advertiser's business relationships (e.g. sole and top position advertising). Value judgments or meaningless promotions are not included. Anyone who advertises in a misleading manner can be held liable for omission and (in the event of fault) for damages.

Deliberate misleading advertising in public announcements is also punishable (criminal advertising). There is a minimum standard of misleading advertising within the member states of the EU.

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