Advertising of e-cigarettes with “pleasure without remorse” inadmissible

The Essen-based e-cigarette manufacturer Niko Liquids is no longer allowed to advertise with the slogan “Pleasure without remorse”. The statement is a health claim that is prohibited in advertising. The statement suggests to the consumer that the capsules with liquids are completely harmless. In addition, the manufacturer is not allowed to advertise its capsules as “pharmacy-only liquids”. One reason: according to the law, liquids must have a certain degree of purity anyway – the statement is therefore a matter of course. Advertising with self-evident statements is inadmissible under competition law. The judgment is not yet final, the manufacturer can appeal. (Essen Regional Court, judgment of October 25, 2019, Ref.: 41 O 13/19).

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