Sufficient and Truthful Information Has to Be Given
Marketing that does not convey sufficient information for consumer to make a decision and especially information necessary in respect of a consumer’s health or economic security is always regarded as inappropriate. What information is necessary in respect of health depends on the product and the target group the advertisement is directed. Evaluation is done case by case. Not every piece of information needs to be given at all stages of marketing. Important is that a consumer is given sufficient and correct information about the product and its usage before he or she makes the purchasing decision. The most important piece of information that affects the economic security is the total price. Price information needs to be clear and easy to understand. In respect of goods payable in installments advertisements have to include the true annual interest and the total price of goods.
Advertisements cannot contain untruthful or misleading information. Normal appraisal in advertisements is however not prohibited, but the advertiser must be able to prove that different claims made (e.g. claims on domestic produced product, claims on health effects or environmental impact are true. If test results are cited, the test must be impartial, Positive test result cannot be cited if at the same time other tests are known to present worse results.. The advertiser must always be able to prove that the facts and information in the advertisement can be verified.
If the goods are marketed at a discount or reduced price, the marketing must also indicate the lowest marketed price of the goods during the 30 days preceding the price reduction. If, in a continuous marketing campaign of a maximum duration of 60 days, the price reduction is progressively increased, the lowest price at which the goods have been marketed during the 30 days preceding the first price reduction may be indicated as the lowest price. The obligation to inform about price reductions does not apply to quick-perishable food products.
It is not indifferent what information and how a seller gives of the commodity to consumer. Regulations concerning defective products are rather extensive and a product may be regarded as defective when it does not satisfy the information given in connection with the marketing and sales.