Received a warning letter from Verband Sozialer Wettbewerb (VSW)?

Who is the Verband Sozialer Wettbewerb?

The Verband Sozialer Wettbewerb e.V. (VSW) is a competition association based in Berlin. It was founded in 1975 and operates nationwide. According to its statutes, the association aims to combat unfair competition and promote compliance with competition law.

Why the VSW issues warning letters

The association sees itself as a representative of fair competition and takes action against what it considers unlawful commercial practices. This includes, in particular, the enforcement of competition law violations through warning letters.

Which companies are most frequently affected

Warning letters from the VSW are often directed at online retailers, manufacturers, and providers that advertise or distribute products, particularly in regulated sectors such as food supplements, food, cosmetics, or medical devices.

Act quickly now in the event of a VSW warning letter

Be sure to observe the short deadlines in the warning letter

As a rule, a VSW warning letter contains a short deadline for submitting a cease-and-desist declaration with a penalty clause. This deadline must be taken very seriously. Legal review by an attorney should always take place before the deadline expires.

Consequences of missing the deadline

If no timely response is made, the association may initiate legal action, in particular by applying for a preliminary injunction. This results in additional costs and significant legal risks.

Why immediate legal assistance is crucial

Competition law warning letters require a fast and strategic response. Early legal advice helps avoid mistakes and reduce cost risks.

Do not sign the VSW cease-and-desist declaration without review

Lifelong binding effect of the cease-and-desist declaration

The requested cease-and-desist declaration is regularly subject to a contractual penalty and has permanent effect. Subsequent violations may trigger substantial contractual penalties.

Typical risks of the pre-formulated declaration

Declarations pre-formulated by the association are often broadly worded and may go beyond what is legally required. Signing without review can lead to significant economic disadvantages.

When a modified cease-and-desist declaration may be appropriate

In many cases, a modified cease-and-desist declaration may be considered to limit risks. Whether this is possible and advisable depends on the specific individual case and should be reviewed by an attorney.

Typical grounds for warning letters issued by the VSW

Unlawful health-related advertising

Warning letters frequently concern health-related advertising claims, for example in relation to food supplements, food, cosmetics, or medical devices.

Violations of the German Drug Advertising Act

The association regularly challenges advertising that violates the German Drug Advertising Act or comparable special regulations.

Misleading advertising and mandatory information

Other typical allegations concern misleading statements, missing mandatory information, or other violations of the German Act Against Unfair Competition (UWG).

Competition law violations in online commerce

General competition law issues such as pricing information, withdrawal instructions, or impermissible product presentations may also be the subject of a warning letter.

Your defense against a VSW warning letter

Review of the association’s standing to bring claims

The first step is to examine whether the association is entitled in the specific case to assert competition law claims.

Legal assessment of the alleged violation

The key issue is whether a competition law violation actually exists and whether the warning letter is formally and substantively compliant.

Development of the optimal defense strategy

Depending on the circumstances, rejection, a modified cease-and-desist declaration, or settlement negotiations may be considered. The goal is to minimize costs and risks.

Negotiation or court representation

If required, this includes out-of-court communication with the association as well as representation in preliminary injunction proceedings or court proceedings.

Specialized attorney for regulated product markets

Particular expertise in sensitive advertising sectors

Defending against warning letters from the VSW requires in-depth knowledge, particularly in food law, food supplements law, cosmetics law, medical devices law, and competition law.

Experience with competition law warning letters

A structured and rapid response is crucial to limit risks and achieve legally secure solutions.

Nationwide representation of retailers and manufacturers

Advice and representation are provided nationwide for online retailers, manufacturers, and providers in regulated product segments.

Frequently asked questions about VSW warning letters (FAQ)

What does a VSW warning letter cost?

The costs claimed depend on the individual case. Whether and to what extent a reimbursement claim exists should be reviewed by an attorney.

Do I have to submit the cease-and-desist declaration?

Whether a cease-and-desist declaration should be submitted depends on the validity of the allegation and the specific wording. Submitting one without review is generally risky.

Can you defend yourself against the warning letter?

Yes. Depending on the circumstances, various defense strategies may be considered. Prompt legal review is essential.

How quickly must I respond?

You should act immediately. Due to the usually short deadline for submitting the cease-and-desist declaration, legal assistance should be obtained before the deadline expires.

Received a warning letter from the VSW? Have it reviewed by an attorney now

Request a prompt initial assessment

Have the warning letter, deadlines, and cease-and-desist declaration reviewed at an early stage so that you can respond on a well-informed basis.

Deadline compliance and immediate assistance

The goal is a timely and strategically sound response to avoid unnecessary cost risks.

Nationwide advice for online retailers

Support for companies in the fields of food, food supplements, cosmetics, medical devices, and related regulated markets.