As part of preliminary injunction proceedings, the German mineral water industry objected to the statement made by the Rottenburger Gruppe water association, which included an article about “our healthy water” on its website. Under European law, advertising food as “healthy” is only permitted if this has been scientifically recognized by the Food Safety Authority. While the first instance still awarded the claim to the applicants, the Munich Higher Regional Court has now overturned this decision. The court ruled that the water association was acting within the scope of its legal mandate to supply drinking water and not for commercial purposes. Proceedings on the merits of the case remain possible (OLG Munich, judgment of May 7, 2020, ref.: 29 U 769/20).