ECJ: Labelling of the nutritional values of a chocolate muesli

Dec 15, 2021 Benn-Ibler Rechtsanwälte

The European Court of Justice (ECJ) has assessed whether it is permissible to specify nutritional values ​​per portion for foods that can be prepared in different ways.

The German Federation of Consumer Centres and Consumer Associations (Bundesverband der Verbraucherzentralen und Verbraucherverbände, BVV) issued a warning to Dr. Oetker for incorrect nutritional information on the packaging of the "Vitalis Knuspermüsli Schoko+Keks" (a chocolate muesli with little biscuits).

The nutritional information was given on the narrow side of the carton - once in relation to 100 g of the muesli at the time of sale (without milk) and secondly in relation to a portion of 40 g of the muesli prepared with 60 ml of milk. On the front of the packaging, this information was repeated for the muesli prepared with milk. Other preparation options (e.g. with yoghurt, fruit, honey, etc.) were disregarded.

According to Article 31 para 3 subpara 1 of the Food Information Regulation (Lebensmittel-Informationsverordnung, LMIV - Regulation NR 1169/2011) the information must refer to the food at the time of sale (= unprepared). Where appropriate, the information may also refer to the prepared food, provided that sufficient details on the method of preparation is given (subpara 2).

The case last ended up before the German Federal Supreme Court. The ECJ then had to decide whether such a declaration is in line with European law.

According to the ECJ, the purpose of Article 31 of the LMIV is the comparability of information and to inform consumers. However, a comparison with other products is not possible if the product can be prepared in different ways because the nutritional values vary depending on the method of preparation.

It is also of no use if the values per 100 g of the unprepared product are written on the back. According to the ECJ, this is "merely likely to confuse the consumer even more as regards comparability with other products".

Therefore, foods that can be prepared in different ways must be excluded from the calculation per portion.

ECJ C-388/20 (11.11.2021)