On 26 November 2015, the Regional Court of Düsseldorf (14c
O 124/15) ruled that a marketer's claim that its condoms
corresponded to up to three orgasms each was
"deceptive" and could tempt people to use the
condoms several times. The facts of this case were as
follows: Einhorn, a Berlin based company that produces fair
trade and vegan-friendly condoms, declared on its packaging
that the seven condoms contained therein were good for up to 21
orgasms: 1 Tüte á 7 Stück entspricht bis
zu 21 Orgasmen". Rival Company Fair Sqaured was not
amused and obtained an injunction from the Regional Court of
Düsseldorf barring Einhorn from advertising with
that slogan. Einhorn in turn asked the Regional Court to
overturn the injunction it had granted on the grounds that the
slogan was (supposedly) misleading.
Einhorn's lawyers argued that the slogan was obviously
satirical and not to be taken as a statement of fact. The slogan
was not intended to mean that a man can get three orgasms out of
each condom. Rather, it was quite likely that his (female) sexual
partner climaxes twice during an appropriately passionate session,
thus, a total of three orgasms. The Court, however, did not
agree and concurred with the view of Fair Squared that the
three-orgasm-claim was both confusing and potentially dangerous. It
might confuse consumers into thinking that the condom was
reusable which could increase the danger of contracting
sexually transmitted diseases and raise the risk of unwanted
pregnancies. The Regional Court emphasized that condoms were
medical products and thus were subject to "particularly strict
standards" when it comes to advice on their packaging.
Originally published 9 November 2015
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