The label on a pure textile product must state that the product is exclusively composed of the same fibre but it need not necessarily state “100%”, “pure” or “all”, the European Court of Justice found in a ruling delivered on Thursday 5 July (case C-339/17).
German company Princesport promotes and distributes products exclusively composed of the same fibre on the internet. A German anti-unfair competition association believes that Princesport is failing to comply with the requirements of the regulation (1007/2011) on the labelling and marking of textile products. It argues that pure textile goods should be identified through the use of one of the three terms – “100%”, “pure” or “all” – provided for in the regulation, without any possible combination of these terms.
Furthermore, the association argues that the requirement to indicate the percentage weight of the textile fibres used in a product should also apply to goods composed of the same fibre.
In its ruling, the Court considers firstly that the regulation imposes a general requirement that the fibre composition of all textile products, including pure textile products, is to be stated on the label, in order to provide consumers with correct and precise information.
The Courts considers, thereafter, that only pure textile products can be marked or labelled with one of the terms “100%”, “pure” or “all”. The label may: - indicate the fibre without any accompanying use of these terms; - indicate the fibre, accompanying it with one or more than one of these terms; - indicate the fibre with an accompanying term equivalent to the three above mentioned.
Lastly, the requirement to state on the label the name and the percentage in weight of all the fibres making up the textile product does not apply to pure textile goods, the Court ruled. (Original version in French by Mathieu Bion)