The advertising claim “for faster, more intense and multiple orgasms” for a vibrator is a permissible form of advertising from a competition law perspective. This was decided by the Regional Court of Bielefeld in a ruling dated April 11, 2017 (Ref.: 12 O 82/16). The slogan is a permissible exaggeration in terms of advertising.
Recognizable exaggeration is permissible as advertising
A wholesaler of erotic accessories and sex toys advertised a vibrator with the slogan “for faster, more intense and multiple orgasms”. A competitor who also sold similar vibrators saw the advertising slogan as misleading consumers and issued a warning to the wholesaler. The wholesaler defended itself with a negative declaratory action before the Bielefeld Regional Court. The court considered the advertising statement to be a permissible advertising exaggeration and upheld the action for a negative declaratory judgment.
The valuation is based on the perspective of an average buyer
The LG examined the slogan for its truthfulness. However, it was already doubtful whether the time it takes to reach an orgasm and the intensity could be objectively verified. However, the LG quickly focused on the perspective of the average buyer. They would understand the advertising statement as an exaggeration. It was clear to every buyer that the speed, intensity and number of orgasms depended not only on the vibrator itself, but also on other external circumstances.
The customer was also aware that tests on the performance and suitability of various pressure wave vibrators had not been carried out and that the advertising statement could therefore only be understood as an exaggeration.
Even if the Bielefeld Regional Court assumes that sex toys are subject to a certain degree of testing, it must be clear that such test results have no objectively verifiable meaning. It is merely an advertising exaggeration.
Advertising aimed at specialist dealers with special knowledge
In addition, the wholesaler’s advertising is only aimed at specialist retailers in the erotic industry who are familiar with the devices. These specialist retailers in particular have a special level of knowledge. According to the Bielefeld Regional Court, they would quickly realize that this was an exaggeration and not a truthful advertising statement.