Excessive Depiction of Fruits, Vegetables or Spices on Food Labels - What the Law and Case Law Say

In our everyday lives, when we reach for products on the shelf, labels often determine our choice. We look for something natural, healthy - and manufacturers know this. But what if images of juicy fruits, vegetables or aromatic spices suggest something that is not actually inside, or is present in only trace amounts? EU law, including Regulation (EU) No 1169/2011 (FIC), clearly prohibits misleading consumers. And case law shows that even an accurate ingredient list on the back of the packaging is not always sufficient to dispel doubts.

Lessons from Case Law: Teekanne and Other Cases

Consider the Teekanne case before the Court of Justice of the EU (CJEU, C-195/14). The Court held that a tea label featuring images of raspberries and vanilla misled consumers, even though the ingredient list mentioned only flavourings. As the CJEU stated: "the list of ingredients, even if correct and comprehensive, may in some circumstances not be capable of correcting sufficiently the consumer's erroneous or misleading impression concerning the characteristics of a food which stems from the other items on the label".

Similarly in Poland, a decision of the President of the Office of Competition and Consumer Protection (UOKiK) (DIH-1-83/2016) concerning a beverage with a prominently displayed fruit name demonstrated that such emphasis suggests the presence of an ingredient, even though only flavouring was used. The reasoning stated: "the disproportion in font size was the key factor causing the misleading impression", and less visible clarifications did not help. The Voivodeship Administrative Court in Krakow (III SA/Kr 1196/19) ruled in a case involving a product with raspberry graphics that "the image of a fruit creates a strong and unambiguous suggestion of naturalness and the presence of an ingredient, which a correct ingredient list is not able to neutralise".

These examples underscore that the court views the label through the eyes of the average consumer - reasonably well-informed, observant and circumspect. However, this does not mean a "suspicious" consumer who always checks everything. The law assumes that purchasing decisions are made quickly, based on first impressions.

How to Manage This: Clarifying Statements and Product Names

Manufacturers have ways to remain honest. For example, "serving suggestion" allows them to show fruits or vegetables as a serving idea, with clear labelling. Or "flavour illustration" explains that the graphics symbolise only the aroma, not the composition. However, such statements have limited weight.

Nevertheless, they carry more weight than the ingredient list on the back - because the front of the packaging catches the eye immediately, in the rush of shopping. Similarly, names such as "flavoured product" or "... flavour" clearly indicate that the effect comes from flavourings, not from real ingredients.

Summary: It Is Worth Reviewing Your Own Labels

The case law is clear: excessive emphasis on fruits, vegetables or spices carries risks - from fines to loss of trust. As industry professionals, we need to regularly check our packaging: does the first impression tell the truth?