Mandatory Information in Car Advertising: Fuel Consumption and CO2 Emissions in Video Ads
When a car is advertised, information on fuel consumption and CO2 emissions is legally mandatory. The Lübeck Regional Court, in a ruling dated June 13, 2023, recently decided how this essential information must be transmitted within a video clip on Facebook.
The Case: Warning for Non-Compliant Car Advertising
The defendant in this case operates a car dealership in a small town in Schleswig-Holstein. An environmental and consumer protection association, acting as the plaintiff, issued a warning regarding an advertisement posted on Facebook. This was not the first instance of such a dispute.
As early as December 2019, the defendant had signed a cease-and-desist declaration. This declaration committed the defendant to refrain from any advertising that did not meet the legal requirements for presenting fuel consumption and CO2 emissions. Despite this prior agreement, a new conflict arose.
The Facebook Video Clip and Its Shortcomings Regarding Fuel Consumption and CO2 Emissions
In June 2021, the defendant shared a 25-second video clip on its Facebook page, advertising the latest model of a well-known car brand. The video initially highlighted the benefits and features of the new car.
Crucially, the data on the vehicle's fuel consumption and CO2 emissions only appeared after 17 seconds. Just a few days later, the plaintiff issued another warning to the defendant, claiming a contractual penalty. Consequently, the Lübeck Regional Court had to determine whether this 2021 video clip also violated the previously signed cease-and-desist declaration.
Court's Reasoning on Transparency Requirements
The Regional Court concluded that the advertising clip indeed violated statutory transparency requirements. This decision was made with reference to an identical ruling by the Cologne Higher Regional Court. The video failed to ensure that recipients of the advertisement could simultaneously notice the essential information on fuel consumption and CO2 emissions alongside details of the car's engine.
The court emphasized that video clips might receive only brief attention from viewers. Therefore, the delayed insertion of obligatory information after 17 seconds risked going completely unnoticed. Businesses must ensure that transparency requirements are met proactively, especially in fast-paced digital media.
"Core Similarity" and Contractual Penalty Imposed
The defendant argued that the 2019 cease-and-desist declaration concerned a specific, distinct post. They claimed it was not identical to the advertisement currently under complaint. However, the court did not accept this argument.
Since the new advertisement again disseminated information about a specific car via Facebook, violating the information obligations regarding fuel consumption and CO2 emissions, the act was deemed "similar to the core". Such violations often fall under strict legal requirements for digital advertising.
For this reason, a contractual penalty of EUR 4,500 was imposed. This highlights the importance of adhering to previous legal commitments, especially when advertising on platforms like Facebook, where legal obligations regarding advertising content are strictly enforced.
Lübeck Regional Court, judgment of June 13, 2023, Ref.: 13 HKO 36/21
The decision is not final.
Fazit
This ruling from the Lübeck Regional Court underscores the strict requirements for transparent advertising, especially concerning mandatory vehicle information. Advertisers must ensure that crucial data like fuel consumption and CO2 emissions are prominently displayed and easily perceivable by consumers, particularly in dynamic formats like video. Non-compliance, even if perceived as a minor deviation, can lead to significant contractual penalties and legal repercussions.