When a Product Test Is Wrong

Stiftung Warentest publishes product tests that can make or break a product. In the 1970s a maker of ski safety bindings sued the foundation over a comparative test. On 9 December 1975 the Federal Court of Justice set the standard for such tests. The investigation must be neutral, objektiv, and sachkundig durchgeführt, carried out with expertise. The court said that nicht die objektive Richtigkeit eines gewonnenen Ergebnisses im Vordergrund steht, sondern das Bemühen um diese Richtigkeit. The objective correctness of a result is not what counts first. What counts is the effort to reach it. Testers have einen erheblichen Spielraum, a considerable latitude, in their methods. A test becomes unlawful when its examination and conclusions are no longer vertretbar, defensible. The same yardstick works the other way. In 2014 Warentest lost a case over the chocolate Ritter Sport Voll-Nuss. The Munich higher regional court found that Warentest had not proven which kind of flavoring the chocolate contained. It had geschlussfolgert, inferred it. Warentest accepted the ruling of 9 September 2014. Its board member Hubertus Primus said the report had nicht präzise und ausführlich genug dargelegt, had not explained precisely and fully enough, how it reached its verdict on the label.

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