BGH Honest Mogelpackung Nivea

Honest sham: BGH rejects competition headquarters in dispute with Nivea
Even a Mogel packaging can be honest. This applies, for example, to cosmetic products when an image on the page reveals the true size of the content, as the Federal Court of Justice (BGH) in Karlsruhe ruled in a ruling published on Friday, 9 February 2018 (Ref .: I ZR 78 / 16). He dismissed a lawsuit by the headquarters against unfair competition against Nivea manufacturer Beiersdorf.

Honestly cheated according to BGH. Image: Studio LaMagica - fotolia

In 2013, Beiersdorf AG sold its "Nivea Vital Teint Optimal Anti-Age" soy creams in boxes seven centimeters high. These had below a so-called pedestal - a raised floor by three inches. The only four centimeters high crucible inside was but on the side with the hint shown: "This product image corresponds to the original size".

The Wettbewerbszentrale nevertheless saw in the box a misleading "Mogelpackung" and complained of omission.

The BGH dismissed the lawsuit. In any case, consumers who are interested in the cream for the first time, they would not buy "off the shelf". Especially with cosmetic products, they would rather take a look at the sides of the package to learn about ingredients, scent direction and the like. But then you can not miss the photo with the pot in original size.

Even a deception about the capacity of 50 milliliters was not available. Consumers are accustomed to different shapes and sizes of containers and packaging of cosmetic products. Therefore, they would not infer the size of the crucible or box on the amount of content, the BGH argued in its now written ruling of October 11, 2017. mwo