Germany restricts tobacco advertising on the internet
In Germany, tobacco companies are subject to restrictions even when advertising their products on their own websites. Promotional advertising is prohibited, at least on the homepage, as the Federal Court of Justice (BGH) in Karlsruhe ruled on Thursday.
The court ruled in favor of the Federation of German Consumer Organizations (vzbv), which had filed a lawsuit against the German manufacturer Pöschl Tabak. The Bavarian company provides online information about its products, primarily snuff, but also fine-cut tobacco and cigarettes. At the end of 2014, the homepage showed a photo of four cheerful people consuming tobacco.
The vzbv considered this to be inadmissible advertising and filed a lawsuit. Like the previous instances, the BGH has now also upheld the claim. The association welcomed the ruling by the judges in Karlsruhe. The Federal Court of Justice has thus clarified "that a strict ban on tobacco advertising also applies on the Internet", announced vzbv boss Klaus Müller.
The judges explained that the image portrayed an attractive image of tobacco consumption and was therefore to be regarded as advertising. However, EU law prohibits tobacco advertising in a "service of the information society", such as the press and the internet. This also includes "a company's homepage, which can be accessed worldwide without restriction".
In the meantime, Pöschl Tabak's website has initially included an age check on the homepage. The BGH did not have to decide whether this was sufficient. (SDA)
