Small Gifts, Strict Rules: What the One-Euro Limit Means for Product-Related Advertising in the German MedTech Industry

The case focused on the general question of whether offering small incentives in connection with the product-related advertising of medical devices is compatible with Section 7(1) of the German Act on Advertising in the Healthcare Sector (HWG). This provision prohibits promotional gifts in the healthcare sector unless they are of minimal value. In the proceedings, the question was discussed whether the previously tolerated 5-Euro limit was still appropriate.

The BGH has now provided legal clarity: the limit is 1 Euro – no more. This is the first time the Federal Court has explicitly confirmed that this strict value limit, already established for medicinal products, also applies to medical devices. The Hamburg court had previously argued for a higher limit, citing inflation and market dynamics. However, the BGH rejected this approach, emphasizing the need for legal consistency and the importance of protecting consumers from being unduly influenced – especially in the sensitive healthcare sector.

The court made it clear that even small gifts can influence purchasing decisions in ways that are not based on medical need or product quality. The 1-Euro limit is intended to ensure that advertising remains factual, neutral, and appropriate.

What does this mean for businesses?

If your company advertises medical devices, this ruling directly affects your marketing strategy. Any gift must now strictly comply with the 1-Euro limit.

Companies should now:

• Review all marketing and loyalty programs.
• Discontinue or adjust any benefits that exceed the 1-Euro value limit.
• Document compliance efforts and conduct internal checks to avoid legal risks.

This ruling sets a clear standard: in product related advertising for medical devices, even small gifts must be handled with care.