The EU Court of Justice – in a ruling 13.1.22 in the case between Tesco Stores ČR a.s. and the Ministry of Agriculture of the Czech Republic(Ministerstvo zemědělství) – rules zero tolerance on language requirements in food labels. (1)
In this particular case, the illegality of the translation of the legal name of a food that deviates, even if only in word order, from the EU legislative text in that official language is asserted.
Tesco v. Ministry of Agriculture Czech Republic
The case arose as a result of dispute and recall order of two desserts and a milk drink with chocolate, distributed with private label from Tesco’s subsidiary, by SZPI (Státní zemědělská a potravinářská inspekce, inspektorát v Brně (National Agri-food Inspection Authority, Brno Inspectorate, Czech Republic).
The labels of the three products referred in the ingredients list to čokoládový prášek (chocolate powder) without specifying its composition. The exemption to specify ingredients of compound ingredients in effect applies to those substances whose composition is defined by EU rules, when used to an extent of less than 2 percent in the finished product. (2)
‘Chocolate powder’ or ‘chocolate powder’
The dispute stems precisely from the designation of ‘chocolate powder’(čokoláda v prášku) as ‘chocolate powder’(čokoládový prášek). Although the two wordings are very similar in appearance, they nevertheless express slightly different concepts. More importantly, it is to the first word alone that it refers the legal designation established in Directive 2000/36/EC, on cocoa and cocoa products.
Among other things, the ECJ, European Court of Justice, had already ruled on the binding nature of legal food names in its judgment 14.6.17. In the case TofuTown.com. which, as noted, put an end to the phenomenon of so-called cheese sounding (C-422/16, EU:C:2017:458).
Language requirements, reg. EU 1169/11
The Food Information Regulation-like previous directives on food labeling, presentation and advertising (3)-requires that food information be offered in the official language and/or the official languages defined in the member state where they are marketed.
‘Without prejudice to Article 9(3), [4] mandatory food information shall appear in a language easily understood by consumers in the member states where the food is marketed.
Within their territories, member states in which a food is marketed may require that such particulars be given in one or more official languages of the Union‘ (reg. EU 1169/11, Article 15. Language requirements. Paragraph 1,2).
Conclusions
To ‘freelytranslate such a name, as it appears in other language versions of that directive, would undermine the complete harmonization of sales names effected by that directive.’ (5)
References to the legislative texts in force in the member country where the food is marketed must therefore be timely and accurate, as this writer has repeatedly pointed out. (6) Even when distribution takes place online.
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Dario Dongo
Notes
(1) European Court of Justice (ECJ), Fifth Chamber. Judgment 13.1.22, in Case C-881/19. Tesco Stores ČR a.s. v. Ministerstvo zemědělství (Ministry of Agriculture, CZ). https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX%3A62019CJ0881
(2) See note 4 to previous article List of ingredients, the ABC
(3) Dir. 1979/112/EEC, repealed through dir. 2000/13/EC, itself repealed by reg. EU 1169/11
(4) The reg. EU 1169/11 indicates, in Article 9.3, the possibility for the European Commission to define – through delegated and implementing acts – ‘alternative modes of informationexpressed through pictograms or symbols instead of words and numbers’
(5) Judgment in footnote 1, para. 51
(6) E-commerce, which news in which languages? Attorney Dario Dongo replies. FARE(Food and Agriculture Requirements). 14.2.18, https://www.foodagriculturerequirements.com/archivio-notizie/domande-e-risposte/e-commerce-quali-notizie-in-quali-lingue-risponde-l-avvocato-dario-dongo
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
