The provision of service items by a pharmacist with an order of at least 100 vaccine doses by a doctor constitutes an advertising giveaway within the meaning of the German Drug Advertising Act (HWG). However, the free addition of service items such as cannulas and injection patches when ordering 100 vaccine doses, which was objected to by the Wettbewerbszentrale in the specific case, is to be regarded as customary in the trade within the meaning of the HWG and therefore permissible. The court distinguishes the customary trade practice meant in this respect in particular from trade usage within the meaning of sec. § 346 HGB. As long as the accessories provided are within the scope of reasonable commercial practice, there is no unlawful conduct(OLG Cologne, judgment of 07.12.2018, Ref.: 6 U 95/18).
Inadmissible media disruption: advertising letter may not refer to general terms and conditions on the Internet
Inadmissible media disruption: advertising letters may not refer to general terms and conditions on the Internet – important decision by the Düsseldorf Higher Regional Court.