Hearing aid companies' payback points are now restricted by the Supreme Court (BGH)
In a recent ruling, the Federal Court of Justice (BGH) in Karlsruhe has set limits on the advertising of bonus points for the purchase of hearing aids. The case, Az. I ZR 43/24, saw the BGH overturn an initial ruling by the Higher Regional Court (OLG) Hamburg, which had set the limit for "trifling items" at five euros per hearing aid.
The BGH's decision follows from their stance that "trifling items" should be set at a value so low it has no influence on the purchasing decision. In this context, the BGH considers "trifling items" as merely an expression of general customer satisfaction. The limit for "trifling items" has, therefore, been set at one euro.
This decision affects companies advertising hearing aids, as they can only advertise a credit up to a value of one euro for the purchase of hearing aids. Companies, such as Amplifon, will need to adjust their advertising strategies to comply with these new limits. Amplifon, in response to the ruling, has announced it will continue its cooperation with Payback, adhering to the conditions set by the court.
Payback points can be redeemed cashless or exchanged for tangible rewards or vouchers. However, immediate price reductions on the product are excluded from these limits. Gifts and benefits are generally prohibited in the sale of medical products according to the Medicines Advertising Act. The BGH's decision underscores this prohibition, stating that only immediate price reductions on the product are excluded from these limits.
The Competition Center saw Amplifon's advertising as a violation of the Medicines Advertising Act, leading to the case being brought before the court. It is important to note that there is currently no specific information available regarding the BGH ruling on the promotion of bonus points for the purchase of hearing aids exceeding a value of one euro. For precise legal rulings or regulations, consulting official court documents or legal resources specific to Germany would be necessary.
Amplifon, in acknowledging the ruling, has stated, "We note the ruling of the Federal Court of Justice and respect the decision of the court." The company will now need to ensure its advertising complies with the new limits set by the BGH.
- The BGH's decision on the advertising of bonus points for hearing aid purchases has implications for the health-and-wellness industry, particularly businesses like Amplifon, as they can only offer a credit up to one euro for purchases.
- In the realm of finance and business, Amplifon's cooperation with Payback, despite being adjustable to comply with the BGH's one-euro limit, cannot involve immediate price reductions on hearing aids, in accordance with the Medicines Advertising Act.
- The science of law, specifically the Medicines Advertising Act, prohibits gifts and benefits in the sale of medical products, and the BGH's ruling underscores this, stating that only immediate price reductions on the product are exempt from such restrictions.
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