OLG Düsseldorf: Regional only within 100 km

A Bavarian egg farm advertised its eggs as “from domestic production” – the eggs actually came from farms more than 200 km away. The Oberlandesgericht (OLG, Higher Regional Court) Düsseldorf ruled that this is misleading under Section 5 UWG and the EmpCo Directive (EU 2024/825).

Key takeaway: Consumers understand “domestic” and “regional” to mean a proximity of up to 100 km. If this distance is significantly exceeded without clear clarification, the advertising is misleading according to § 5 UWG (German Act Against Unfair Competition).

Practical impact: Using “regional” without definition is risky from 50 km onwards. From 100 km, it is factually always at risk of being subject to a warning letter. Safe alternative: specific details such as “from Bavaria” or “from the Black Forest”.

Industry transfer: The ruling applies analogously to food (all categories), handcrafted products, furniture & wood goods, and tourist services.

Safe wording: “Manufactured in [Federal State]”, “From within a 50 km radius of [City]”, “Swabian production, components from DE/AT/CH”, “Made in [Place] with materials from the region”.