On the packaging intended for sale a food, in which there are several individual packs, according to the EU Food Information Regulation (LMIV) both the filling weight and the number of individual packs contained must also be specified if the individual packs are small individual pieces – such as individually wrapped sweets. The Federal Administrative Court decided this yesterday.
From the press release:
“The plaintiff puts the candies and chocolate specialties it produces on the market in bags, among other things, in which there are several pieces individually wrapped in candy paper or wrapped in a similar way. During an official inspection, the State Office for Measurement and Calibration of the The state of Rhineland-Palatinate complained that the total weight of the sweets was specified on several of the products offered in this way, but not the number of pieces contained. It criticized the lack of information and initiated administrative offense proceedings against an employee of the plaintiff The plaintiff then turned to the administrative court with the application to determine that she was not violating the relevant provisions of the LMIV if she marketed certain products from her range without specifying the number of pieces contained The Oberverwaltu dismissed the appeal ing court back.
The appeal by the plaintiff was also unsuccessful. According to Art. 23 Para. 1 and 3 in conjunction with Annex IX No. 4 LMIV are on a pre-packagingconsisting of two or more individual packs that are not to be regarded as sales units, state the total net quantity and the total number of individual packs. The plaintiff’s products are subject to this provision. For assuming the rule is up pre-packaging not to apply, which contain smaller, individually wrapped pieces, there is no indication in the relevant Union law. The obligation to indicate the number of pieces contained in the packaging does not disproportionately interfere with the fundamental rights of food business operators. The information has additional informational value for the consumer and promotes the purpose pursued by the LMIV to enable them to make their purchase decision with what suits their needs Groceries to select. This obligation does not place an undue burden on food business operators. In particular, according to the underlying findings of the Court of Appeal, it is possible for them to state the total weight and number of items in such a way that they do not violate the regulations on the maximum permissible deviations in filling quantities, even in view of production-related fluctuations in the weight of the individual items.
BVerwG 3 C 15.21 – Judgment of March 09, 2023
Source: PM of the Federal Administrative Court
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