The German lottery operator LottoBayern has had a claim upheld against them by the regional courts after it used inaccurate advertising on multiple occasions online, according to a report in The Germany Eye.
According to a ruling by the Munich Regional Court, the Bavarian lottery engaged in “impermissible gambling advertising” flouting the State Gambling Treaty.
A complaint made by a company based in Malta, which acts as a secondary lottery operator, was upheld and LottoBayern was given a cease and desist order.
Documents viewed by the court disclosed that the lottery uploaded a video on its YouTube channel involving a discussion on the use of lottery money for sports promotion.
Additionally, advertising videos by the state lottery administration for Lotto Bayern suggested to consumers that participation in the lottery would enable them to “lead a happy… life”.
The Germany Eye was told by the court that LottoBayern’s marketing strategy was “aimed at promoting the natural gambling instinct of consumers and encouraging them to actively participate in gambling.”
The complainants claimed that LottoBayern’s YouTube clips were full of inaccuracies which only encourage people to play rather than explain the chances of winning.
The ruling of the court is not legally binding, according to Lottobayern, which told The Germany Eye: “Two providers of secondary lotteries that are illegal in Germany had sued. The State Lottery and Casino Administration will examine the ruling.”
A secondary claim was made by a company based in Gibraltar, however, it was dismissed by the court due to it not being active in the German market.
