We have received a warning from ANRO Trade GmbH dated 09/06/21. Advertising is warned as a matter of course.
The warned ebay dealer advertised a table film with the property “food safe”. The warning person complains that, according to the regulation of § 31 LFGB, every article that can come into contact with food must be made in such a way that no harmful substances are emitted.
An article that does not meet this requirement is also not marketable within the meaning of Section 3 Paragraph 3 in conjunction with Annex No. 9 UWG. In addition to the possibility of penalization under competition law, this circumstance also opens up warranty rights for the buyer of such goods.
By highlighting something that is self-evident, something that is self-evident is advertised. Although objectively a correct statement is advertised here, the impression is created that the advertised offer is preferable to the offer of other competitors. This is misleading.
The warning woman demands the submission of a declaration of cease and desist with contractual penalties. A formulation proposal was not submitted. This is entirely permissible, if not typical, since the warning person generally wants to have his own written cease and desist declaration signed and then concede and must admit that the person warned can make his own declaration. In the past, the complete omission of a proposed wording brought with it the problem of the need for a power of attorney.
Warning costs are demanded after a value in dispute of € 10,000.00, therefore in the amount of € 973.66 gross. An invoice was not presented.
If you have also received a warning from ANRO Trade, we cannot recommend that you comply with the request without checking. We are happy to help.
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