BGH: honest sham Nivea
The consumer magazine "Öko-Test" found Lilial in various hand creams. The controversial fragrance led to shrinking testicles in rats in animal experiments. (Image: Dan Race / fotolia.com)
Honest sham: BGH rejects the competition center in the dispute with Nivea
Even a fraudulent packaging can be honest. This applies to cosmetic products, for example, if a picture on the page reveals the true size of the content, as the Federal Court of Justice (BGH) in Karlsruhe ruled in a judgment published on Friday, February 9, 2018 (Ref .: I ZR 78 / 16). He thus dismissed a complaint by the headquarters to combat unfair competition against Nivea manufacturer Beiersdorf.
Honestly cheated according to the BGH. Image: StudioLaMagica - fotolia
In 2013, Beiersdorf AG sold its “Nivea Vital Teint Optimal Anti-Age” soy creams in seven-centimeter-high boxes. These had a so-called platform below - a floor raised by three centimeters. The inside of the crucible, which was only four centimeters high, was shown on the side with the note: "This product image corresponds to the original size".
The competition center nevertheless saw a misleading "sham package" in the box and sued for an omission.
The BGH now dismissed the lawsuit. In any case, consumers who are interested in the cream for the first time would not buy it "off the shelf". In the case of cosmetic products in particular, they would rather take a look at the pages of the packaging to find out about ingredients, fragrances and the like. In doing so, they could not miss the photo with the crucible in its original size.
There is also no deception about the capacity of 50 milliliters. Consumers are used to different shapes and sizes of the containers and packaging for cosmetic products. You would therefore not deduce the amount of content from the size of the jar or box, argued the BGH in its judgment of 11 October 2017, which has now been published in writing. Mwo