Competition Law Cease-and-Desist

The topic of cease-and-desist letters is almost as old as competition law itself. It has always been inherent to competition law that competitors send each other cease-and-desist letters.

Over the years, a wide range of grounds for cease-and-desist letters have crystallized into so-called "classics" …

Common Grounds for Cease-and-Desist Letters

• Incorrect withdrawal/cancellation notice
• Missing model withdrawal form
• Missing link to the EU ODR platform
• Missing warranty terms
• Missing legal notice (Impressum)
• Missing information on the individual technical steps leading to a contract
• Missing notice about contract text storage
• Missing information on statutory warranty rights
• Misleading claims
  • "CE tested"
  • "Money-back guarantee"
  • False statements of identity
• Incorrect unit pricing (Price Indication Ordinance)
• Impermissible health-related claims
  • Violation of the German Food and Feed Code (LFGB) in describing food supplements
  • Advertising medical treatment procedures with unsubstantiated claims of effect
  • Advertising wellness services with health-related claims, in violation of Section 3 of the Therapeutic Products Advertising Act (HWG)
  • Advertising a food product as "Detox"
  • Violation of the Regulation on Nutrition and Health Claims for foods
  • Violation of the Food Information Regulation (LMIV)
  • Violation of the Food Information Regulation (LMIV) in advertising food supplements
  • Advertising cosmetics as "Detox", "cleansing" etc.
  • Missing notice under Article 72 of Regulation (EU) No. 528/2012 on biocidal products
• Advertising statutory obligations as special features (e.g. "insured shipping")

One of the best-known grounds for a cease-and-desist letter is the claim "insured shipping." This is misleading because the transport risk already lies with the seller by law. With this advertising claim, the seller creates the impression that the buyer bears the transport risk and that the seller, through insured shipping, is relieving the buyer of a risk that would otherwise be theirs.

• Missing registration in the German packaging register (LUCID) – violation of Section 9(4) of the Packaging Act (VerpackG)

The German Packaging Act (VerpackG) has been in force since 1 January 2019. Under this law, online retailers who ship their goods in shipping cartons, as well as manufacturers who fill their products into product packaging, are directly addressed by the law as obligated parties. As a result, online retailers have been required to register since 1 January 2019, provided a system participation obligation applies.

DREGER IP LEGAL – Specialist Lawyer for Intellectual Property in Düsseldorf

Benefit from my years of experience in competition law, trademark law, and copyright law. My track record defending against hundreds of cease-and-desist letters allows me to develop the best possible defense strategy for you. The party sending the cease-and-desist letter is represented by experienced lawyers. With my help, you level the playing field!

First Steps When You Receive a Cease-and-Desist Letter

• Don't take any hasty action!
• Don't contact the party who sent the letter!
• Pay attention to the deadlines in the letter!
• Don't sign anything or make any payments!
• Contact a specialist lawyer

Take advantage of my offer for a free initial assessment. I'm happy to advise you on this matter. Feel free to send your cease-and-desist letter by email to info@dregeriplegal.de. I will get back to you as quickly as possible with an initial assessment.

My Offer

• Free initial assessment nationwide
• Representation nationwide
• Assessment by a highly specialized attorney
• Fast and straightforward communication by email

You can find my contact form here!