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08.05.2023 - Foods

BVerwG-Decision: Indication of quantity for individually packaged food items

The Federal Administrative Court (BVerwG) decided on March 9, 2023, that confectionery, which is individually wrapped and offered for sale in larger packaging containing several pieces, must be labeled not only with the net filling quantity but also with the exact number of confectionery pieces contained in the packaging.

During the inspection of a confectionery company by the competent measurement and calibration authorities, it was found that several products offered for sale included the net filling quantity in the form of a total weight, but not the number of individual candies contained in the packaging.

According to Article 9 (1) (e) of Regulation (EU) No 1169/2011 (EU Food Information Regulation), the net filling quantity is part of the mandatory labeling information. Article 23 (3) of this regulation, in conjunction with Annex IX No. 4, states that in cases where prepackaging consists of two or more individual packages, these are not considered sales units and the net filling quantity must be indicated both as the total net filling quantity and the total number of individual packages.

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Source: 

Cibus Lawyers - www.cibus-recht.de