Karlsruhe Vendors who sell their product on Amazon are not responsible for misleading customer reviews. The Federal Court of Justice (BGH) decided this on Thursday and thus finally refused to pay a contractual penalty. Customer reviews are clearly separated from the offer on the online marketplace Amazon and users would not count them to the seller, it says in the reasoning.
In the specific case, it was about an adhesive plaster that is supposed to alleviate pain. Since the effect cannot be proven medically, the Association for Social Competition demanded that advertising be omitted. The provider of the so-called kinesiology tape then issued the corresponding cease and desist declaration in 2013.
When the retailer then offered the patch on Amazon in 2017, customer reviews appeared there, which in turn confirmed pain relief. The Association of Social Competition then demanded a contractual penalty because the dealer had adopted the customer ratings. The Essen Regional Court and the Hamm Higher Regional Court had already dismissed the competition organization’s complaint. These decisions have now been finally confirmed by the BGH.
It also played a role that the product did not pose any health risk. As a result, there is no need to weigh between the legal good of public health and freedom of information for customers.
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