The IT law firm has received a warning from the Association of Social Competition eV. The content of the warning is the allegation of misleading advertising statements about cosmetic products. Among other things, the submission of a punitive cease-and-desist declaration is required. Read more about the warning from the Association of Social Competitions in our article.
1. What is accused in the warning from the Association of Social Competition eV?
In the warning we received, a violation of competition law is accused. Specifically, the following is complained about:
- misleading advertising statements on cosmetic products (here: anti-cellulite serum) with the statement: “anti-cellulite”, “cellulite treatment, tightening”, “for the visible improvement of the skin contours with cellulite”
- alleged infringement on: online shop
- Stand: 04/2023
2. What is required by the Association of Social Competition eV?
As part of the warning, the following claims are asserted:
- Demand for the delivery of a punitive cease and desist with regard to the action complained of;
- Payment of a flat fee in the amount of 238.00 euros
In the event that the person who has been warned does not comply with the cease and desist request, the prospect of initiating legal proceedings is offered.
3. What do we think of the warning?
If there is a competitive relationship, the following should be checked with regard to the warning issued by the Association of Social Competitions:
- Is the claimed action actually committed?
- Is the action complained about at all? breach of competition but?
- When was the act committed?
Those affected should not first issue a cease-and-desist declaration or make any payments without legal advice, hasty action can very quickly take revenge later!
4. What should the affected party do now?
In any case, the warning should be checked by a specialist, despite the regularly short deadlines – these warnings often involve high payment claims, and the person concerned should not act rashly here. The pre-formulated cease-and-desist declaration is almost always present in the cases before us one-sided and also dangerously formulated and should be in this form not be handed over!
Benefit from the expertise of the lawyers at the IT law firm, who have many years of experience representing them in warning proceedings!
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Entrepreneur group of the IT law firm on Facebook.
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