A German condom company has discovered that it’s no easy ride when it comes to consumer information, after losing a legal battle over the number of orgasms it promises consumers using the product.
Einhorn, German for unicorn, is an ethically trading condom producer that makes vegan-friendly condoms sourced from Malaysian rubber. The company, which made headlines in Germany with its crowd-funding campaign earlier this year, has been promising consumers on its packaging that every pack of seven condoms will result in 21 orgasms.
But yesterday, a Düsseldorf regional court issued an injunction against the statement after a rival company from Cologne made a complaint to prevent Einhorn from its multiple-orgasmic claim.
The rival company claimed that Einhorn’s promise was misleading to the public, with users having the potential to understand that each condom could be used multiple times, which poses health risks.
“Orgasmus für alle!”
Einhorn’s marketing material and packaging came with the phrase: “Each pack contains seven condoms – or up to 21 orgasms.”
The company’s founders, Waldemar Zeiler and Philip Siefer, claimed that this means that when a couple uses an Einhorn condom, it can be expected that the wearer can orgasm once and the partner twice or more.
"Just one orgasm per condom would mean that only the man was allowed to come," the company said in a press release.
"This doesn't take into account women and other sexual partners. After all, during sex both – or multiple – sexual partners can come several times."
Siefer and Zeiler get to grips with their Einhorns at a Malaysian factory
Presiding Judge Johanna Brueckner-Hofmann said the slogan is "suited to deception," and that medical products and their packaging are subject to "particularly strict requirements."
Following the court’s ruling against Einhorn, the company has agreed to move the case on to a special sitting of the competition court in Düsseldorf.
The company shot to fame in Germany when the founders pitched their ethical and sustainable condoms on Höhle der Löwen, the German edition of the BBC entrepreneurial show Dragons’ Den.
The final decision will be made by the competition court on November 26th.
