Securing your market appearance
When counseling clients on competition law issues, an essential focus of our work is on the review of advertising campaigns, sweepstakes and product packaging, and the defense of our clients‘ market presence in court. Depending on the industry involved, special provisions on market behavior play an important role in competition law. This includes food law regulations, drug laws and rules on the configuration of websites.
Our service offer
Distance Selling / e-Business
We assist our clients with opening an online shop and with other websites. We provide general advice on designing a website, but also on dealing with e-business contracts, including general business terms and conditions and data protection.
German and European lawmakers place particularly stringent requirements on businesses in the food industry with regard to the distribution, marketing and packaging of their products. Some product-specific food law requirements must be met, such as the German cocoa act and the European health claims directive. Depending on the product, drug law aspects may have to be followed; disregarding these usualy constitute a violation of competition laws.
Drug Advertising Law
The distribution of drugs, medicinal products and cosmetics must be in accordance with various special regulations. The drug advertising law may be just as significant here as special provisions on the way products are labeled and advertised. The limits of various product groups and thus the applicable regulations are often blurred. We take such problems into consideration in our counseling prior to product launches as well as in contract drafting and in litigation.
Dr. Christian Lemke
Dr. Fabian Ropohl
Experts for pharmaceutical advertisement
Defense of a pharmaceutical company in expedited proceedings against attacks from competitors who contested violations of competition law and drug advertisement law. Subsequently, precautionary review of various other advertising statements with consideration given to sufficient scientific substantiation, followed by counseling on the redesign of various advertising materials.
Liability risks in advertisement
For a food producer, review of various advertising materials and campaigns, with particular consideration given to health-specific information and the specifications of the health claim directive. In addition, legal protection of product labeling and mandatory information to prevent cease and desist letters by competitors or competitor associations and disputes with food control authorities.