If it says raspberry on the outside,it should also be raspberry on the inside–Misleading consumers

KÖLN, Germany - Dec. 2, 2016 - PRLog -- GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Food products do not always contain the ingredients that they lead consumers to believe they do. One case in point is a fruit juice at a discount supermarket. The raspberry and rhubarb flavoured juice featured a large image of these fruits on its label. Below this were two additional notices: "Mehrfrucht-Rhabarber-Getränk mit Himbeergeschmack" [raspberry-flavoured mixed fruit and rhubarb drink] and "30% Saftgehalt aus Frucht- und Gemüsesaftkonzentraten" [30% of juice content from fruit and vegetable juice concentrates].

A closer examination of the list of ingredients revealed that the drink contained almost no rhubarb or raspberry. According to the data, it contained just 0.1% raspberry juice from raspberry juice concentrate and 0.1% rhubarb juice from rhubarb juice concentrate. The Bundesverband der Verbraucherzentrale (VZBV) [Federation of German Consumer Organisations] took the view that this is misleading to consumers, as the packaging design gives the impression that the drink contains a significant proportion of raspberry and rhubarb juice.

The Landgericht Amberg granted the injunction suit in its judgment of July 29, 2016, ruling that to refer to the drink as "Himbeer-Rhabarber" [raspberry and rhubarb] is misleading to consumers and violates both competition law and the Lebensmittelinformations-Verordnung (LMIV) [Food Information Regulation]. It stated that the average consumer would expect the drink to include a significant proportion of raspberry and rhubarb juice because of the description "Himbeer-Rhabarber" [raspberry and rhubarb], yet this was not the case at 1 per mil. This expectation was said to be strengthened by the label's design as well as the reference to "30% Saftgehalt" [30% of juice content]. The LG went on to say that a fleeting observer would not make the distinction that rhubarb is a vegetable and thus conclude that a mixed-fruit drink would also need to include other fruits in addition to raspberries.

The Bundesgerichtshof (BGH), German's Federal Court of Justice, had already delivered a similar verdict in December of 2015 (Az. I ZR 45/13). It held that it is not permissible for the design of a food product to mislead consumers in relation to the ingredients.

Violations of Germany's Gesetz gegen den unlauteren Wettbewerb (UWG) [Unfair Competition Act] or other provisions of competition law can give rise to serious consequences. Lawyers who are versed in the field of competition law can advise on fending off and enforcing claims.

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GRP Rainer LLP www.grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London UK.

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