Saturday, November 28, 2009

Power Surges And Microwave Ovens

Misleading advertising for a "lime scale"

LG Regenburg, Urteil vom 30. Januar 2009, Az. 2 HKO 1988/08 (1)

Fundstelle: MD 2009, 401

Stichwörter: Kalkneutralisierer, Anti-Calc System, electronic Kalkumwandlung

"Misleading statements within the meaning of those provisions contains or contained the website of the Commission in regard to this advertised item. The claims include in all sub-items the promise would result one of the devices the magnetic field generated in the tap water entrained lime modified to form no fixed crystals would. The defendant did not dispute that the real effectiveness of this statement is at least controversial, evidence for the success of this process from the scientific side is not provided. The applicant has the with test reports, studies, articles from journals and expert opinion evidence in court proceedings, their pleading and burden of proof for the objective truth of this claim scientifically disputed, the defendant has not complied with. Of a misleading advertisement within the meaning of § § 3, 5 UWG is likely therefore "

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