05.08.2024 Stuttgart Higher Regional Court prohibits outdoor advertising – success for Pro Rauchfrei e.V.
On 1 August, the Stuttgart Higher Regional Court issued a clear rejection of the attempt to declare petrol stations as specialist tobacco shops. At the request of Pro Rauchfrei e.V., it prohibited a petrol station in Fellbach from continuing to advertise tobacco products and e-cigarettes using digital screens, thereby issuing a first landmark ruling (judgement of 1 August 2024, ref. 2 UKl 2/24). This was preceded by absurd attempts by the other side to portray petrol stations as specialist retailers for tobacco products. Only these would not fall under the legal ban on outdoor advertising. The industry was unsuccessful in this endeavour. Now the screens at many petrol stations are likely to remain black in future.
Pro Rauchfrei board member Stephan Weinberger sees the court’s decision as vindicated: “At great expense, the tobacco industry has equipped petrol stations throughout Germany with digital monitors that continuously display outdoor advertising for traditional cigarettes, e-cigarettes and tobacco heaters. This all happened even though the tobacco industry was aware that outdoor advertising is only permitted by law for specialist retailers.” In court, an attempt was made to present petrol stations as specialist retailers for tobacco products and advertising displayed on the inside of shop windows with an outward effect as permissible by making general statements about sales figures and salesperson training. The Stuttgart Higher Regional Court judged the argument to be “insubstantial” and stated:
A petrol station is not generally understood to be a specialist retail outlet for tobacco products. Its primary purpose is to supply the population with vehicle fuel. Over time, the sale of travel supplies (drinks, sweets, etc.) and aids that may be required for the safe operation of a motor vehicle in the short term and with which the driver can help himself (e.g. engine oil) have been added. This layout allows petrol stations to sell their product range outside the regular, legally restricted shop opening
Unfortunately, it is nothing new that the tobacco industry flouts the law until someone intervenes. Be it with vending machines, advertising or sponsorship”, adds Weinberger: “As far as petrol stations are concerned, we will randomly check the situation and take the necessary measures in the event of violations. However, we assume that the judgement will be known quite soon and that the companies will instruct the leaseholders accordingly.”
The full text of the decision is available at https://www.landesrechtbw.de/bsbw/document/NJRE001582249.
Press releases on this topic
https://www.lto.de/recht/nachrichten/n/2ukl224-olg-stuttgart-tabak-tankstellen-werbung-tabakwaren