EThe other day, walking through the supermarket, I could see that there are two types of people, on the one hand, those who monitor the quality of food through mobile applications and, on the other, those who slide analogically through the linear from the supermarket reading each and every one of the product labels. With the latter group playing at a disadvantage compared to the former, should consumers simply trust the product’s label or would they have to go to the fine print of the product?
On this point, the Court of Justice of the European Union ruled on December 1, 2022. Specifically, the case concerned a German company that produced a mini poultry salami in which the animal fat had been replaced by palm fat and rapeseed oil, since it was marketed in a container with the name “the Original Turkey” and only indicated the use of substitute ingredients on the back of it. The competent German authority prohibited the marketing of the element in question without indicating the substitute ingredients in close proximity to the trade name on the front of the package. The producer appealed to the German courts, alleging that it should be understood that the applicable regulations were that of “product names” by which the labeling on the back was complied with and not that of “food names” as had been considered.
At this time, it is when the German court is assailed by doubts and goes to the CJEU. In this sense, the CJEU, resolving the doubt raised by the German court, makes a distinction between the concept “product” which may or may not coincide with that of food and which may include the trademark and “food” which is the name of the product. that is actually consumed and, after various discussions, concludes that an average consumer, normally informed and reasonably attentive and perceptive, when his decision to buy is determined by the composition of the food in question, reads the list of ingredients beforehand and that, therefore, it cannot be concluded that European legislation should require replacement components or ingredients to be indicated next to the brand or trade name because that would go beyond what is necessary. In conclusion, everything points to the fact that the German court will rule in favor of the company, in the meantime, get your reading glasses ready and download the new product analysis applications; and it is that in the absence of bread they are good cakes. Laia aubareda dalmau. Judge. Area Collaborator. Legal ESADE Barcelona