09.04.2024 Pro Rauchfrei withdraws its application for a temporary injunction and prepares an action on the main issue
In today’s hearing before the Düsseldorf Higher Regional Court (OLG) against the tobacco vending machine operator tobaccoland, we demanded that the opposing party refrain from offering cigarettes in vending machines if the images on the selection buttons do not show combined picture warnings. It turned out that summary proceedings were not well suited to this particular case, as the urgency of the injunction we were seeking was disputed and a decision in favour of one, if not both, sides would have caused avoidable disadvantages.
We have therefore withdrawn our application for an interim injunction and will continue to pursue our claim in proceedings on the merits. We will also have the opportunity to argue in more detail that the new digital designs of the selection buttons still evoke associations with cigarette packets and must therefore carry warnings. Furthermore, we will explain that sample warnings cannot replace specific warnings for a specific cigarette brand.
The picture shows an analogue tobacco vending machine with a sample warning notice. We had also warned about the button display on these.