Seven Condoms Don't Equal 21 Orgasms, German Court Rules on Adsby
Berlin startup's joke wrappers could mislead users, court says
Medical guidelines say condoms should only be used once: court
Even when selling condoms, you better get your math right: seven can’t equal 21.
A Dusseldorf court told Berlin-based startup Einhorn Products GmbH that it cannot use ads that claim a package with seven condoms can bring as many as 21 orgasms. While recognizing that the company was joking, the judges banned the slogan because it could mislead consumers into thinking you can use a condom more than once, contrary to medical guidelines.
"The one-time use rule may be known to a substantial part of consumers of all ages," the court wrote in statement on Thursday. But "especially for juveniles the need for information on the proper use of condoms is persistently high and ambiguous statements carry the risk of misdirection."
Einhorn claimed in court that one use of a condom can lead to three orgasms -- one for the man and as many as two for the woman. The company said it was a joke just like the data on calorie consumption on the back of the packages. The court said that the wrapping also contained serious information so consumers could be misled.
Einhorn has warned consumers four times on each package that you can use condoms only once, said Philip Siefer, one of its managing directors.
"It’s astonishing for what nonsense you can get sued for by competitors," said
Siefer. "We’re glad that this ruling at least calls attention to the important
issue of using condoms."
The case was brought by competitor Fair Squared GmbH. Thursday’s judgment confirms an earlier preliminary ruling.
“We’re glad about the ruling as it shares our longstanding experience that consumers often have a totally different idea about the proper use of condoms," Oliver Gothe, Fair Squared’s managing director. "The correct instructions for use can’t be clear enough."
The case is: LG Dusseldorf, 14c O 124/15.