The advertising claim that a medicinal product has a “significantly better bioavailability” than a competitor’s product, which is emphasized in an eye-catching manner and with reference to a study, is understood by the trade to mean that the advertised property of the product has a nutritionally relevant benefit when consumed by the consumer, which is why the trade is misled if the advertised superiority of the product’s bioavailability is statistically significant, but a nutritionally relevant benefit is not proven by the study referred to(OLG Hamburg, judgment v. May 9, 2019, Ref.: 3 U 203/17).

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