12 February 2026 Bamberg Higher Regional Court prohibits advertising claims in ruling at the request of Pro Rauchfrei
In its ruling of 21 January 2026, the Bamberg Higher Regional Court prohibited the discount retailer Netto from advertising electronic cigarettes in its own online shop after the company failed to issue a cease-and-desist declaration out of court.
The association’s chairman, Stephan Weinberger, explains:
Advertising for cigarettes and vapes on the internet is still a mass phenomenon that is difficult to curb. Large corporations in particular should set an example when it comes to the sale of addictive substances.
The sale of e-cigarettes and accessories is permitted, as is the provision of factual information necessary for the sale, e.g. brand, fill quantity, nicotine content, etc. However, any form of commercial communication with the aim or direct or indirect effect of promoting the sale of a product is not permitted, according to the legal situation.
The court prohibited the food retailer from making various promotional statements regarding the attractive promotion of the products, e.g.
- Discover a new world of delicious and incredible flavours with (…) and/or
- a diverse selection of flavours and/or
- impressive flavour reproduction and a consistent vaping experience for lasting enjoyment
The court did not consider the addition of “only” to the price information to be advertising: all price information on the relevant page was accompanied by the additions “only” or “from”, so that this had no particular significance.
The tobacco advertising bans naturally also apply to the display of tobacco products, not only in online shops, but also on sales platforms and social media. We are currently conducting further proceedings in this regard.
The full text of the judgement
The decision is final.