THE RIGHTS OF CONSUMERS

To what extent may pictures on the packaging of a foodstuff and information on the low salt content of mineral water mislead consumers ? These are two questions to which the Court, among its numerous judgments on consumer protection, has recently responded.

In 2015, the Court observed that consumers must have correct, neutral and objective information. Thus, where a product's packaging suggests the presence of an ingredient which is in fact absent, the purchaser may be misled even if the list of ingredients is accurate. That was the case with a fruit tea whose packaging showed images of raspberries and vanilla-flower, although it did not contain any natural ingredient of raspberry or vanilla-flower (judgment of 4 June 2015, Teekanne, C-195/14).

Also in 2015, the Court confirmed that the sodium content stated on the packaging of bottles of mineral water must reflect the total quantity of sodium in all its forms (table salt and sodium bicarbonate). Consumers might be misled if a water was presented as low in salt, even though it was rich in sodium bicarbonate (judgment of 17 December 2015, Neptune Distribution, C-157/14).