Free second pair
of glasses.
Free second pair
of glasses.
from
As visual aids, spectacles are also subject to the provisions of the law on the advertising of therapeutic products. The market for opticians is highly competitive and companies try to attract customers with attractive advertising campaigns. An advertisement with free second pair of glasses has now occupied the Federal Court of Justice.
Optician advertises with offer for second pair of glasses
An optician with several branches distributed an advertising flyer. It offered glasses with premium single vision lenses at a price of EUR 239 and with premium progressive lenses at a price of EUR 499. In addition, the flyer offered a free second pair of glasses worth EUR 89 for the purchase of such glasses.
The Wettbewerbszentrale saw this as a violation of the law on the advertising of therapeutic products.
Court decision on second pair of glasses
The Federal Court of Justice (judgment of November 6, 2014 – Ref. I ZR 26/14) shares the opinion of the Wettbewerbszentrale, as can be seen from today’s press release .
With a few exceptions, the law on the advertising of medicinal products prohibits gratuities and other promotional gifts. In the opinion of the judges in Karlsruhe, there was no such exception in the present case.
The consumer perceives the advertising as an offer of glasses at the stated price plus a gift in the form of a second pair of glasses. There is a risk that consumers will decide to purchase the visual aid offered solely because of the gift of a second pair of glasses and will not base their decision to purchase the visual aid offered solely on their health concerns.
Conclusion
The decision shows once again that different rules apply in the health sector. If sunglasses and not visual aids had been offered here, the advertising would probably not have been objectionable. Suppliers of products in the health/medical sector should therefore have their advertising campaigns checked, taking into account the special features to be observed.
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