SLK: When is an action an action?

A company had been publishing small advertisements with the words "Promotion" for months, writes the Commission for Fair Trading (SLK) in a communiqué. This form of communication was a thorn in the side of a competitor, who filed a complaint with the SLK. The SLK found "that the term 'promotion' is suitable for referring to a special offer that consumers understand as a price reduction during a specific and short-term period of time." Promotions are usually used to announce temporarily lower prices in accordance with Art. 16 and 17 of the Price Indication Ordinance. The consumer should be able to recognize which is the previously valid price and which is the currently valid price. Or at least it should be clear what the reason for the reduction is. Promotions are often used for product launches, sales or stock clearances. However, if the same products were advertised as a "promotion" for months, this would be contrary to the understanding of the average addressee. Even the statement "while stocks last" cannot justify a promotion if there is no actual time limit.
According to the communiqué, the First Chamber of the SLK is of the opinion that this type of communication is likely to cause the average consumer to misunderstand the advertised special offers: "It is at least a misleading statement about the company's own offer and the quantity in stock within the meaning of Art. 3 lit b UWG. The complaint must therefore be upheld," she is quoted as saying.