Discount retailer Netto is no longer allowed to advertise e-cigarettes in an appealing manner

Bamberg Higher Regional Court prohibits advertising claims in ruling at the request of Pro Rauchfrei In its ruling of January 21, 2026 (Ref. 3 UKl 30/25 e), the Bamberg Higher Regional Court prohibited the discount retailer Netto from advertising electronic cigarettes in its own online shop after the company failed to issue a cease-and-desist declaration out of court.

The association's chairman, Stephan Weinberger, explains: "Advertising for cigarettes and vapes on the internet is still a mass phenomenon that is difficult to curb. Large corporations in particular should set an example in the sale of addictive substances."

The sale of e-cigarettes and accessories is permitted, as is factual information necessary for the sale, e.g., brand, fill quantity, nicotine content, etc. However, according to the legal situation, any type of commercial communication with the aim or direct or indirect effect of promoting the sale of a product is not permitted.

The court prohibited the food retailer from making various promotional statements regarding the attractive promotion of the products, e.g. * _Discover a new world of delicious and incredible flavors with (..) and/or_ * _a diverse selection of flavors and/or_
* _an impressive taste reproduction and a consistent vaping experience for lasting enjoyment_ The court did not consider the addition of "only" to the price information to be advertising: All price information on the corresponding page was accompanied by the additions "only" or "from," so that this had no special significance.

The tobacco advertising bans naturally also apply to the presentation of tobacco products, not only in online shops, but also on sales platforms and social media. We are currently conducting further proceedings in this context. The full text of the judgment The decision is final.

presse@pro-rauchfrei.de

The consumer protection association Pro Rauchfrei e.V. is recognized by the Federal Office of Justice as a qualified institution with the right to bring class action lawsuits and is committed to consumer protection in the area of tobacco and novel products.

This release was published on openPR.