German Federal Court ruling on misleading product packaging on the internet expected

The Federal Court of Justice (BGH) will make a landmark decision on Wednesday at 09:00 AM regarding whether manufacturers are allowed to offer their products online in not fully filled packaging. The case originated from the sale of a men's facial wash gel, which was advertised online with an image of the tube. The tube was shown upright on its cap, giving the impression that it was nearly fully filled. In reality, the wash gel only filled up to the end of the transparent part of the packaging. The Consumer Protection Agency of Baden-Württemberg views this advertisement as misleading to consumers and sued the manufacturer. The lawsuit failed in the lower courts, as the Higher Regional Court (OLG) of Düsseldorf determined that such packaging could only be considered deceptive in physical retail. Online, consumers cannot gauge the size of the packaging and rely on the accurately stated milliliter amounts. However, during the oral hearing in April, the presiding judge of the First Civil Senate in Karlsruhe expressed doubts about the OLG Düsseldorf's assessment. A final decision is now expected from the BGH judges, who may reach a different conclusion.