Glossary A–ZLetter M
Misleading advertising
Misleading advertising creates a false impression of an offer through untrue or deceptive statements, for example about its characteristics, price, origin or availability.
It is prohibited under the German Act against Unfair Competition (UWG). The Act deals with it in section 5, and with misleading by omission in section 5a.
A statement that is true in itself can also be misleading if it creates a false overall impression. Leaving out essential information can deceive as well. On screens, the risk often arises from brevity: a “from” price without saying which version it applies to, or an offer still running on screen although the promotion has ended. For certain areas such as medicinal products, separate and stricter prohibitions also apply.
Operators should give offers an expiry date so that they do not run beyond the end of a promotion, and have prices and claims checked before approval. Important restrictions belong on the creative in legible form, not in a footnote that disappears from a distance. Whether a statement is misleading in an individual case depends on the overall impression; this glossary is not legal advice.