When can a manufacturer of fruit gums or jam be described as “climate neutral”? Competition guardians had sued Katjes and Mühlhäuser. What the OLG Düsseldorf has now decided.
The fruit gum manufacturer Katjes from Emmerich can continue to advertise its products with the “climate neutral” label. The Düsseldorf Higher Regional Court (OLG) decided on Thursday and also dismissed an action for an injunction by the Frankfurt Competition Center on appeal.
Katjes had advertised its wine gums as climate-neutral in a food trade journal and on the packaging, with reference to certification. Although the fruit gums are not produced in a climate-neutral manner, the company is taking compensatory measures and informing customers about this on its website. Thus, “the manufacturer has fulfilled its obligation to provide information,” emphasized judge Erfried Schüttpelz.
The judge ruled differently in the case of the jam manufacturer Mühlhauser, which was also accused and has its headquarters in Mönchengladbach. His jams lacked the necessary explanatory additives, so they shouldn’t be advertised as climate-neutral.
Via QR code to the website of “ClimatePartner.com”
The judge emphasized that the fruit gum manufacturer had provided the necessary information in a sufficient manner. The reader of the ad can use the QR code contained therein to go to the “ClimatePartner.com” website, where the necessary information can be found. This is sufficient to inform the consumer, since there is not enough space in an advertisement for further information.
The two companies had advertised their wine gums, liquorice and jams as “climate-neutral” in a trade journal. According to the plaintiff’s competition center, the consumer is being misled because the products are not manufactured emission-free, but the companies only financially support climate protection projects.
In the Katjes case, the district court in Kleve dismissed the complaint brought by the central competition office in June 2022. In the Mühlhäuser case, the district court in Mönchengladbach upheld the complaint brought by the central competition office in February 2022. Because of the fundamental importance in both cases, the Higher Regional Court allowed an appeal to the Federal Court of Justice.
Source: Stern
