Product renaming required: deceptive brand title
In a landmark decision made on August 14, 2025, the Regional Court of Karlsruhe has ruled that the drugstore chain dm is not allowed to label a children's fruit drink as "Immun Smoothie."
The complaint was based on the product name suggesting that consuming the smoothie positively affects the immune system. Rauna Bindewald, from the consumer protection organization Foodwatch, who sued dm over the children's juice drink, criticised not only the packaging but also the fruit puree itself.
According to the court's ruling, the labeling of the smoothie as "Immun Smoothie" is misleading and impermissible. The fruit puree sold by dm, marketed as an "Immun Smoothie," contains added vitamins and ten percent sugar.
The smoothie in question is a mixture of apple, banana, and strawberry puree. Rauna Bindewald stated that selling the fruit puree as an "Immun Smoothie" misleads parents, implying that the sale of the product drains parents' wallets as well.
The court's decision does not imply that fruit drinks in general are harmful to the immune system. It also does not specify any issues with the added vitamins in the fruit puree. However, the ruling applies specifically to the children's fruit drink sold by dm.
Foodwatch welcomed the court's decision against dm's "Immun Smoothie" labeling. Rauna Bindewald's statement also labeled the sale as plainly illegal. The case number for this ruling is 14 O 13/25 KfH.
It is important to note that this ruling does not affect other products sold by dm. The ruling against dm's "Immun Smoothie" is not yet final, and it remains to be seen how dm will respond to this decision.
This news serves as a reminder for companies to be transparent and honest in their marketing practices, especially when it comes to products marketed towards children. Consumers have the right to know what they are buying and what benefits, if any, they can truly expect from the product.
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