Brussels, 04/06/2015 (Agence Europe) - Food labelling must not mislead consumers by giving the impression that a particular ingredient is present even though it is not, according to a judgment of the Court of Justice of the EU, which was returned on Thursday 4 June (case C-195/14).
According to the Court, even if it is correct and comprehensive, the list of ingredients may not be capable of suitably correcting the erroneous or misleading impression that arises from such labelling.
The German company Teekanne markets a fruit tea called 'Felix raspberry and vanilla adventure'. The packaging comprises in particular pictures of raspberries and vanilla flowers and the indications that the tea contains natural ingredients from raspberries and vanilla.
A German consumer protection association argues that Teekanne is misleading consumers as to the contents of the tea, and has called on the company to desist from marketing the product.
In its judgment, the Court reiterates that EU law requires that the consumer have correct, neutral and objective information which is not misleading and that the labelling of food cannot mislead. Although the consumer is assumed to have read the list of ingredients before purchasing a product, the Court does not exclude the possibility that the labelling of the product may be such as to mislead the purchaser, when some of the items on the labelling are erroneous or incomprehensible.
The Court makes clear that in such a case, even if it is correct and comprehensive, the list of ingredients may not be capable of sufficiently correcting the erroneous or misleading impression resulting for the consumer from the labelling of this foodstuff. Therefore, where the labelling of the foodstuff gives the impression that a particular ingredient is present in that foodstuff, even though it is not in fact present, such labelling could “mislead the purchaser as to the characteristics of the foodstuff in question”. The national court must now determine whether an average consumer may be misled as to the presence of raspberry and vanilla flower in the product in question. (Lionel Changeur)