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Teekanne: The German Federal Court ruled in line with the European Court of Justice

2015-12-03 10:13

The European Court of Justice (CJEU)  held that even though consumers who are interested in the exact composition of a product will read the list of ingredients, the existence of such a list may not be sufficient to correct the erroneous or misleading impression if some of the items on the packaging are misleading, erroneous, ambiguous, contradictory or incomprehensible.

The German Federal Court of Justice has  brought before the CJEU the question whether it was permissible for the labelling, presentation and advertising of foodstuffs to give the impression, by means of appearance, description or pictorial representation, that a particular ingredient is present when it is not in fact present and this is apparent solely from the list of ingredients.

In its ruling of 2 December 2015 the German Federal Court of Justice held that the labelling of the product in question is misleading by giving the impresssion that rasperries and vanilla are present, even though tey are not in fact present.

 

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