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Koblenz / Trier (dpa) - The advertising slogan “E-cigarettes save lives now switch” is not misleading according to a new court ruling.
The Higher Regional Court (OLG) Koblenz overturned a different ruling by the Trier Regional Court on Wednesday.
In May 2020 this had upheld a lawsuit by the competition center in Frankfurt am Main: The corresponding advertisement of a Trier e-cigarette trade contained deceptive and misleading information and violated the law against unfair competition.
The cigarette trade, however, successfully appealed.
The OLG ruled as the second instance that the advertising was not unfair.
Incorrect information could not be determined.
The words “switch now” showed that the slogan does not try to encourage every consumer to consume e-cigarettes.
The aim is to make tobacco consumers aware of the alternative product.
The large poster with the slogan “E-cigarettes save lives now switch”, contrary to the opinion of the Trier Regional Court, does not lead to the misconception that e-cigarettes are harmless to health, according to the legally binding OLG ruling.
A “life-saving effect” can, however, already be justified if electronic cigarettes are less harmful than conventional glow sticks.
The defendant cigarette trade has documented this with numerous scientific studies.
If so, then, according to the OLG, this circumstance is fundamentally suitable for "reducing the number of serious illnesses that can also be fatal".
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© dpa-infocom, dpa: 210203-99-288293 / 2