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Prohibited advertising with health claims on dietary supplements

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Prohibited advertising with health claims on dietary supplements

The IT law firm has received a warning from the Association of Social Competition eV. The content of the warning is the allegation of inadmissible advertising with health-related claims for food supplements. 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:

  • Impermissible advertising with health claims for dietary supplements with the note: “heart health support” and “cardiovascular support”
  • alleged violation on: Amazon
  • Stand: 05/2023

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?
  • If 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!

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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 hastily 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!

Tipp: Do you have any questions about the contribution? Feel free to discuss this with us in the
Entrepreneur group of the IT law firm on Facebook.

Image source:
© forestpath – Fotolia

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