Candy Packages & Indication of number: how each packet legally counts
If a package of sweets contains several individual packets, the number of packets must be recognizable to the end consumer. The OVG Rhineland-Palatinate ruled that this is not to be considered a “meaningless” information (Urt. v. 02.11.2021, Az. 6 A 10695/21.OVG).
A package of sweets, which contains many individually wrapped candy, must also indicate the number of individual packages. This was the decision of the Higher Administrative Court (OVG) of Rhineland-Palatinate.
The plaintiff was a candy manufacturer. A State Office in Germany had initiated administrative offence proceedings against the manufacturer. The reason for this appeal? An easy one. The number of pieces on the outer packaging of several products of the plaintiff candy manufacturer was missing. The packages in question are containing several individually packaged sweets. According to the plaintiff manufacturer, the omission of this indication does not violate German or European food law.
However the Koblenz Administrative Court (VG) and the Higher Administrative Court (OVG) rejected the manufacturer’s appeal. According to the EU Food Information Regulation, the total net quantity and the total number of individual packages must be indicated.
According to the court, this represents a supplementary information value. For example, this information could be helpful for consumers who are shopping for certain occasions and need to know the number of individual packages. In addition, the information would also help to make the purchase decision dependent on environmental aspects.
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