Violation of Competition Law – Judgment of the Higher Regional Court of Cologne – Case No. 6 U 51/25
Dog collars made from fruit waste are certainly sustainably safe, but fruit waste is not leather. Therefore, the collars should not be advertised using the term “apple leather.” This advertising is misleading for consumers and violates competition law, ruled the Higher Regional Court of Cologne, acting as an appellate court and higher regional court for NRW, in its judgment of July 4, 2025 (Case No. 6 U 51/25), which was published as a decision.
Creativity in advertising is certainly desirable. However, creativity has limits when it violates competition law. Misleading advertising can lead to warnings, injunctions, and claims for damages, according to the law firm MTR Legal Rechtsanwälte, where a lawyer represents clients in competition law, including advising in competition law matters.
“Apple leather” is not leather
The proceedings before the Higher Regional Court of Cologne also showed that the scope for creative wordplay in advertising is limited. In this case, a retailer sold dog collars and advertised them using the term “apple leather.” Behind this designation was the fact that the collars were not made from animal leather but from an artificially produced composite material mixed with pomace and peel residues from apple processing, where these residues originate from apples. Other substances may also be added to these materials to vary the properties of the final product. During production, the mixture is heated in the oven to achieve elasticity and weather resistance. Through a special embossing, the surface gains a texture resembling genuine animal leather.
A trade association of the leather-processing industry considered the advertising misleading and requested a court ban. After the Cologne Regional Court initially dismissed the request for an injunction, the Higher Regional Court of Cologne reversed the decision and prohibited the contested product designation.
Apple Leather in Court: Jurisprudence at the Intersection of Innovation and Sustainability
The Higher Regional Court of Cologne, as a significant instance at the center of the German judiciary, regularly handles cases that have an impact far beyond the North Rhine-Westphalia region. In the current context, the topic of “apple leather” comes into focus – an innovative material derived from residues of apple processing and regarded as a sustainable alternative to conventional leather. The connection between the judiciary and environmental protection is particularly evident here: While the Higher Regional Court of Cologne rules on compliance with regulations and the significance of a possible violation of applicable law, the example of apple leather shows how new materials and sustainable production methods can shape social developments. A violation of legal provisions, for example through misleading advertising, is consistently prosecuted by the judiciary and underscores the importance of clear rules in the German legal system. These thematic areas – judiciary, innovation, and compliance with regulations – are closely linked and form the basis for responsible and forward-looking development in Germany.
Misleading Consumers
The Higher Regional Court of Cologne determined that the use of the term “apple leather” for products that do not consist of genuine animal leather constitutes a misleading commercial practice within the meaning of §§ 3, 5 para. 2 no. 1 UWG (Act Against Unfair Competition). This decision refers to relevant provisions and regulations, especially concerning compliance with statutory consumer protection rules and ordinances. Consumers associate “leather” with a natural product obtained by tanning animal hides or skins, which is protected by the UWG provisions and definitions. The prefix “apple-” does not change this, as the term is not clearly identified as a leather substitute. Rather, consumers expect the designation “apple leather” to indicate a special type of leather, possibly with a sustainable aspect, but not a product entirely free of leather. Typical examples of violations include breaches of rules and regulations as can occur in advertising or product labeling. Synonyms for the term violation include infringement, breach of rules, or administrative offense.
In the context of a legal dispute, the identity of the plaintiff or defendant is central, as they exercise the respective rights and obligations in the proceedings. The role of the judges in the court process is essential, as they shape decision-making and equality in the judicial system. After the appellate instance, there is the possibility of revision to have the decision reviewed by a higher court. The location and seat of the court, here the Higher Regional Court of Cologne at Reichenspergerplatz, as well as the jurisdictional line, are decisive for classifying the proceedings. Within the district of the Higher Regional Court of Cologne, there are 23 local courts, reflecting the court structure and the district’s scope. The Rhine forms a geographical boundary in the jurisdiction. Connections between the various instances are documented by case numbers such as S 9 AL 58/07, allowing for clear assignment. The judgment was published on the court’s website, with the decision source transparently indicated. In addition to the mentioned provisions, other relevant regulations and competencies must also be considered, which may play a role in the proceedings.
The court made it clear that the assessment of an advertising statement depends on the dominant first impression. The product name “Apple Leather” immediately creates the impression of a leather material. Even if terms like “vegan” or explanations about the material composition appeared elsewhere on the website, this is not sufficient to eliminate the misleading impression. A once created misconception cannot be corrected by providing qualifying notes in later text passages.
Incorrect Information About Essential Characteristics
Due to the incorrect information about essential characteristics of the goods, especially regarding material and quality, there is misleading conduct, according to the Higher Regional Court of Cologne. Leather is generally understood as a quality material with specific properties such as durability, tactile feel, care behavior, and value. If instead an artificial or composite material is delivered that does not have these properties in the same way, a discrepancy arises between the buyer’s expectation and the actual condition, the court continued. Anyone advertising with a legally clearly defined term like “leather” therefore bears the risk that this term is understood in the usual sense. Exceptions are only allowed if the deviation is clearly and unmistakably clarified, the judges emphasized.
According to the UWG (Unfair Competition Act), there is misleading commercial conduct if a statement is objectively suitable to deceive and may induce a consumer to make a business decision they otherwise would not have made. This is the case here, the court stated. The term “Apple Leather” is suitable to evoke false assumptions about the material properties, and this misinformation can influence the purchasing decision.
Conclusion and Future Outlook
The ruling of the Higher Regional Court of Cologne illustrates the importance of compliance with laws and regulations for companies and consumers in Germany. As a judicial authority, the court ensures that violations—such as misleading advertising with “Apple Leather”—are consistently penalized. This is an example of how the significance of clear rules and their enforcement is indispensable for market stability and consumer protection. At the same time, the development of Apple Leather shows that innovative production methods and sustainable materials are gaining increasing importance. Companies are required to act responsibly and observe legal frameworks to maintain consumer trust. In the future, it is expected that both the judiciary and the economy will continue to respond to the challenges posed by new technologies and materials. The combination of legal clarity, entrepreneurial innovation, and environmental awareness offers the opportunity to design production in Germany sustainably and improve the quality of life for all people. The Higher Regional Court of Cologne remains an important guide for compliance with law and order in the German judicial system.
Do Not Raise False Expectations
Such misleading advertising can have significant legal consequences. Cease-and-desist orders and claims for damages may be among the consequences. The ruling shows that terms used in advertising must be clear and must not raise misleading expectations in consumers. This applies all the more when a term is associated with a certain quality standard or specific properties, as is the case with leather.
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