Advertising with self-evident facts: What is allowed and where do expensive warnings lurk?

In the world of marketing, every advantage counts when it comes to standing out from the competition. But be careful: not every feature that your product or service has can be advertised as a special selling point. Advertising with self-evident features is not only a stylistic faux pas, but can also quickly lead to expensive legal consequences in the form of warning letters. This article shows you where the invisible line is, which phrases are taboo and how you can still present your services in a legally compliant and convincing manner.

• The silent rules of the game: What "self-evident truths" really mean in advertising
• The red zone: typical examples and forbidden phrases
• Focus on the small print: mandatory information in the product description
• From compulsory programme to freestyle: How to advertise cleverly and compliantly

🕒 Reading time: approx. 8 minutes

The silent rules of the game: What "self-evident truths" really mean in advertising

It sounds paradoxical at first: you offer a service that is absolutely reliable, but are not allowed to explicitly advertise it. This principle protects fair competition and consumers. It is intended to prevent companies from selling statutory minimum standards as their own special service and thus gaining an unfair advantage.

More than just "obvious": a clear definition

Advertising with self-evident features" refers to advertising statements that emphasise features of a product or service that the provider is legally obliged to provide anyway. In other words, the impression is created that the customer is receiving a special bonus, although they are only receiving the normal standard.

Characteristics of such unauthorised advertising are:

• Legal obligation: The advertised feature is required by law (e.g. warranty rights).
• Misleading character: The advertising suggests a special advantage over competitors.
• Lack of added value: This feature is not a unique selling point, but a standard in the industry.

The law is watching: Section 5 UWG as a legal compass

The ban on advertising with self-evident statements is not a mere formality, but is enshrined in the Unfair Competition Act (UWG). Specifically, it falls under the offence of misleading business practices in accordance with Section 5 UWG. The law is intended to ensure that consumers can make an informed and unbiased purchasing decision. Anyone who advertises with a legal obligation is deceiving consumers about the actual benefits of their offer and placing competition on an unfair footing.

The red zone: typical examples and forbidden phrases

Theory is one thing, practice is another. Many entrepreneurs unknowingly fall into this advertising trap, as the corresponding formulations appear serious and customer-friendly at first glance. But appearances are deceptive.

"Safe shopping" & co.: you should avoid these phrases

Certain formulations are classic cases of unauthorised advertising with self-evident statements. The following table shows some of the most common examples and explains why they are problematic.

Prohibited advertising phrase	Why is it a matter of course?
"2-year warranty"	The statutory warranty period for new goods in Germany is two years anyway.
"14-day right of cancellation"	This is a legal obligation for distance selling transactions (e.g. online purchases).
"Invoice with VAT shown"	Every entrepreneur in Germany is legally obliged to issue a correct invoice.
"Secure SSL encryption"	For online shops and contact forms, secure data transmission has long been the technical standard and required by law (GDPR).
"CE-tested products"	For many product groups, the CE mark is a mandatory requirement for sale in the EU.

Why is it actually forbidden? Protection against deception

The core of the ban lies in protecting the consumer from being misled. Imagine you are comparing two online shops. Shop A prominently advertises "14 days right of cancellation!", while shop B does not. As a customer, you could wrongly assume that only shop A offers this service and that you are "safer" shopping there. In fact, however, Shop B must also grant this right. Shop A has gained an unfair advantage by emphasising a matter of course.

Focus on the small print: mandatory information in the product description

While prominent advertising spaces are subject to strict rules, detailed product or service descriptions are primarily subject to the duty to inform. The aim here is to provide the customer with complete and transparent information. But here, too, there are clear guidelines.

These details are mandatory

A complete product description is the basis for the trust of your customers and a legal safeguard for you. Regardless of the product, the following information must be clearly visible:

• Key features: A precise description of the goods or services. What exactly does the customer receive?
• Complete identity: Your company name, address and legal form must be easy to find.
• Transparent total price: The price must include all taxes (e.g. VAT) and other price components. Any shipping costs must be clearly and unambiguously indicated.
• Conditions: Information on accepted means of payment, binding delivery times and other terms of service.
• Legal information: Comprehensible information about the statutory right of cancellation and the existence of the statutory right of liability for defects (warranty).

This must not be included in the description under any circumstances

Even if the tone is more informative, a product description must not become a hidden advertising space for unauthorised statements. Avoid this at all costs:

• Suggestive formulations: Here, too, the advertising emphasis of self-evident facts is taboo. Write neutrally "There is a 14-day right of cancellation" instead of "Benefit from our 14-day right of cancellation!".
• Misleading or vague information: Statements such as "Delivery soon" are inadmissible. Be precise, e.g. "Delivery time: 2-3 working days".
• Hidden costs: All conceivable costs must be disclosed. Surprises in the shopping basket are a frequent reason for warnings.
• Disparaging comparisons: Direct, negative comparisons with competitors' products or prices are not permitted in most cases.

From compulsory programme to freestyle: How to advertise cleverly and compliantly

Nobody has to do without effective advertising messages. The key is to focus on the real unique selling points (USPs). Ask yourself: What do we offer that goes beyond the legal standard?

Golden rules for your advertising copy

The following examples show how you can transform and communicate obvious features into real added value:

• Instead of "2-year warranty":
  • Better: "Your investment is safe: We give you an exclusive 3-year dealer warranty on all mechanical parts - 1 year more than required by law!"
• Instead of "Secure SSL encryption":
  • Better: "Your data is our most valuable asset. We protect your privacy with multi-level security concepts and TÜV-certified server locations exclusively in Germany."
• Instead of "14-day right of cancellation":
  • Better: "Test it at your leisure and without risk: We offer you a voluntary 30-day right of return - with no ifs and buts."
• Instead of "quality product":
  • Better: "Handmade in our manufactory: each piece is checked by experienced master craftsmen and delivered with an individual quality certificate."

Conclusion: Convince with clarity and real advantages

Advertising with self-evident facts is a legal grey area that can quickly lead to expensive warnings. Those who advertise transparently, honestly and with real added value not only gain the trust of customers, but are also on the safe side legally.

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