A German condom manufacturer joked on its packaging that a box of seven condoms could bring as many as 21 orgasms – one for the guy and two for the woman. Fair Squared GmbH, a competing condom company sued the Berlin based startup, Einhorn Products GmbH for deceptive advertising.
Einhorn’s packaging, in addition to the 21 orgasms joke, has a “calories burned” table, as well as a claim that the condoms contain traces of “fairy dust.” (source)
The court held that even though consumers would probably realize the claims were attempts at humor, and not real advertising claims, the packaging still violated German standards. The court held that condoms are “medical devices” as defined by § 3 para 1 (d) of the Medical Devices Act, and in accordance with the ISO standard 4074:. 2002, they are intended for single use only. (source) The claim could still mislead consumers into thinking that the condoms are multiple-use products, therefore, no more funny stuff.
No source had any indication as to whether Einhorn could continue to claim that its products contain fairy dust.
(See Urt. v. 26.11.2015, Az. 14c O 124/15)
