LG Linz: Misleading advertising for protective masks

Feb 10, 2021 Benn-Ibler Rechtsanwälte

Protective mask manufacturers may not advertise that masks with integrated silver provide effective protection against bacteria, viruses and germs and can therefore protect against infection with COVID-19.

On the homepage of the defendant protective mask manufacturer, there was repeatedly the reference that the "revolutionary super fiber masks with integrated silver [...] offer protection against bacteria, viruses, germs and pollen". The "extreme fineness and density" and the use of the silver superfiber provided "double protection".

The plaintiff argued that the advertising gave the incorrect impression that wearing the masks could actively protect the wearer from infection with SARS-CoV-2. The "revolutionary expert reports" made available on the defendant's homepage precisely do not confirm any antiviral effect of the silver fibers used.

The Linz Regional Court (Landesgericht, LG) agreed with the plaintiff's opinion and prohibited the advertising on the grounds of misleading consumers under Sec. 2 of the Federal Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb, UWG). The defendant's homepage conveyed the incorrect overall impression to consumers without special medical knowledge that the "superfiber masks with integrated silver" also protected against infection with COVID-19, although an antiviral effect of the masks could not be proven. Also, a possibly existing antibacterial (!) effect of silver fibers could not guarantee protection against the COVID-19 virus.

LG Linz 5 Cg 95/20w (03.12.2020)