Misleading labelling even though actual contents are apparent from the list of ingredients
04-06-2015 Print this page
It has to be assumed that consumers read the list of ingredients of the product before purchase
"37. In that regard, it is apparent from the case-law that the Court has acknowledged that consumers whose purchasing decisions depend on the composition of the products in question will first read the list of ingredients, the display of which is required by Article 3(1)(2) of Directive 2000/13 (see, to that effect, judgments in Commission v Germany, C‑51/94, EU:C:1995:352, paragraph 34, and Darbo, C‑465/98, EU:C:2000:184, paragraph 22)."
The presence of a list of ingredients does not in itself exclude the possibility that the labelling is misleading
"38. However, the fact that the list of ingredients is displayed on the packaging of the goods at issue in the main proceedings does not in itself exclude the possibility that the labelling of those goods and methods used for it may be such as to mislead the purchaser within the meaning of Article 2(1)(a)(i) of Directive 2000/13."
Directive 2000/13 precludes misleading labelling, even though the actual contents are apparent from the list of ingredients
"44. In the light of the foregoing considerations, the answer to the question referred is that Articles 2(1)(a)(i) and 3(1)(2) of Directive 2000/13 must be interpreted as precluding the labelling of a foodstuff and methods used for the labelling from giving the impression, by means of the appearance, description or pictorial representation of a particular ingredient, that that ingredient is present, even though it is not in fact present and this is apparent solely from the list of ingredients on the foodstuff’s packaging."
C-195/14 - ECLI:EU:C:2015:361
