ECJ: the food packaging cannot refer to a component that is not in the product

If a product’s package indicates the presence of ingredients that are not included in the product can be deceive to consumers, but it just turns out from the detailed list of ingredients – the European Court of Justice told its position on Thursday.

The Court makes clear that, in such a case, the list of ingredients, even though correct and comprehensive, may not be capable of correcting sufficiently theerroneous or misleading impression which the consumer gains from the labelling of the foodstuff. Therefore, where the labelling of a foodstuff gives the impression that a particular ingredient is present in that foodstuff, even though it is not in fact present (this being apparent solely from the list of ingredients), such labelling is such as could mislead the purchaser as to the characteristics of the foodstuff in question. (MTI, Konsiczky Zoltán)