More Nutrition's Instagram advertising misleading, verdict confirmed

More Nutrition's Instagram advertising misleading, verdict confirmed

The North Rhine-Westphalia consumer advice center has achieved success in court against “More Nutrition”. The nutritional supplement provider had advertised the “Total Vegan Protein Brownie Bowl” on Instagram, but with misleading health claims. A promotional video stated that the baking mix contained "95% less sugar", "70% less fat" and was "perfect for any diet", without any comparison information to other brownie baking mixes. The Hamburg Regional Court confirmed the legal opinion of the North Rhine-Westphalia Consumer Center.

The advertising promises of the brownie baking mix from “More Nutrition” violate the law, as the “Health Advertising Fact Check” project of the consumer centers in North Rhine-Westphalia and Rhineland-Palatinate found. The Hamburg regional court ruled in favor of the consumer advocates, although the judgment against Quality First GmbH, the company behind “More Nutrition”, is not yet legally binding. The information in the advertising was misleading because it did not contain comparative information and therefore misled consumers.

According to the Unfair Competition Act and the Food Information Regulation, product information must not be misleading, which also applies to advertising. Misleading occurs when it is implied that a food has special characteristics, even though comparable foods have the same properties. The advertising promises of “More Nutrition” violate these prohibitions and are therefore inadmissible. The company was warned but did not sign a cease and desist declaration.

The company Quality First GmbH sells a wide range of nutritional supplements and sugar substitutes under the “More Nutrition” brand. Above all, it relies on intensive influencer marketing. The verdict against the company illustrates the importance of clear and truthful advertising claims in the area of ​​dietary supplements and diet foods.