Received a warning letter from Pro Rauchfrei e.V.

Who is Pro Rauchfrei e.V.?

Pro Rauchfrei e.V. is a consumer protection association in the field of non-smoker protection and tobacco prevention. The association aims to protect consumers and public health and takes action against legal violations in connection with tobacco products and related products such as electronic cigarettes and refill containers.

Why the association issues warning letters

According to its own statements, Pro Rauchfrei uses warning letters to notify companies of competition law violations and to ensure compliance with statutory requirements. The aim is to eliminate impermissible business practices and prevent recurrence through a cease-and-desist declaration subject to a contractual penalty.

Which companies are most frequently affected

Companies particularly affected include those in the hospitality sector, event management, retail, online commerce, as well as operators of points of sale or online media that distribute or advertise tobacco or nicotine-containing products.

Act quickly now in the event of a warning letter from Pro Rauchfrei

Be sure to observe the short deadlines in the warning letter

As a rule, a warning letter contains a short deadline for submitting a cease-and-desist declaration subject to a contractual penalty. This deadline must be taken very seriously. Legal review by an attorney should be carried out before the set deadline expires.

Consequences of missing the deadline

If no timely response is made, the association may initiate legal action, such as applying for a preliminary injunction. This regularly results in significantly higher costs and risks.

Why immediate legal assistance is crucial

Competition law warning letters require a fast and strategically well-considered response. Early legal advice improves the chances of a successful defense and helps avoid economic disadvantages.

Do not sign the Pro Rauchfrei 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 necessary. Signing without review can have significant economic consequences.

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

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

Typical grounds for warning letters from Pro Rauchfrei

Violations of non-smoker protection regulations

The association frequently pursues violations of non-smoker protection laws, for example in hospitality or event businesses where smoking bans are not observed or enforced.

Impermissible tobacco or vape advertising

Another focus is advertising violations relating to tobacco products, electronic cigarettes, or refill containers, particularly online or at points of sale.

Youth protection violations

Violations of youth protection requirements in the distribution of nicotine-containing products may also be the subject of warning letters.

Violations in the distribution of tobacco products

Among other things, impermissible free distributions, incorrect product presentations, or other violations of tobacco products law may be challenged.

Your defense against a warning letter from Pro Rauchfrei

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 claims and whether the statutory requirements are met.

Legal assessment of the alleged violation

What matters is a careful review of whether a competition law violation actually exists and whether the warning letter is formally compliant.

Development of the optimal defense strategy

Depending on the individual case, rejection, a modified cease-and-desist declaration, or settlement negotiations may be considered. The goal is always 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 tobacco, vape, and competition law

Particular expertise in tobacco and e-cigarettes

Defending against warning letters from Pro Rauchfrei requires in-depth knowledge of tobacco products law, advertising law, and competition law, as well as an understanding of industry-specific requirements.

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, hospitality businesses, and other companies in the tobacco and e-cigarette sector.

Frequently asked questions about warning letters from Pro Rauchfrei (FAQ)

What does a warning letter from Pro Rauchfrei cost?

The costs claimed depend on the individual case. Whether a claim for reimbursement of costs exists and in what amount 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 Pro Rauchfrei? 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 affected companies

Support for retailers, manufacturers, hospitality businesses, and online providers in the field of tobacco, e-cigarettes, and related products.