Misleading packaging

In Europe there are certain guidelines one must follow when it comes to packaging of products. It is important that the packaging does not mislead the consumer as to the products and their ingredients. But where exactly is the line that determines what is and what is not misleading?German manufacturer Teekanne sells tea under the name Felix Himbeer-Vanille Abentuer. On the packaging raspberries and vanilla blossom is depicted and it states “fruit tea with natural aromas” it also has a seal that says “only natural ingredients”. A look at the listed ingredients, however, clearly shows that there are no natural elements in the tea at all.

The German Consumer Board finds this misleading and starts a court procedure. In first instance the court agrees with the manufacturer. The listed ingredients clearly show what the tea contains so nobody can be misled. The Appeal Court does not agree with this. The rules are applicable to all elements on the packaging, trademarks and other words and depictions. If the packaging gives the consumer the impression that it has certain ingredients, but those are not really in the product, then this is misleading and something the listed ingredients cannot compensate for.

advertising-law



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PURE - MENTOS

MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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