Judicial Objection to an Illegible Product Label
A regional court addressed the question of whether mandatory information on the packaging of a cosmetic product meets legal transparency requirements if it is practically unreadable due to a very small font size. The labeling of a shampoo bottle was the focus of the legal dispute in the proceedings.
Standards for Mandatory Information on Cosmetic Products
Purpose of Information Obligations
Mandatory information on cosmetic products serves to protect consumer interests. They are intended to enable an informed purchasing decision and, in particular, to support the safe use of the product. This includes ensuring that information is not only available but also provided in such a way that it can actually be noticed.
Legibility as a Prerequisite for Effectiveness
According to the court’s assessment, labeling is not properly executed simply by being formally attached to the product. What is crucial is whether the information can be read under normal conditions without special effort. Typography that renders the content practically inaccessible may fail the protective purpose of the relevant provisions.
Subject of Dispute: Very Small Print on a Shampoo Bottle
Reason for the Proceedings
The design of the mandatory information on a shampoo bottle was the subject of the legal dispute. According to the proceedings, the information was in a font that was difficult to decipher due to its size and the layout on the packaging. The regional court had to examine whether this justifies the relevance of inadequate consumer information under competition law.
Classification under Competition Law
The court placed the issue in the context of competition law. Accordingly, a commercial action can be unfair if legal information obligations are not properly fulfilled and this is likely to noticeably impair consumer interests. The legal assessment depended on whether the specific design of the labeling unduly hindered access to information, contradicting the legal objectives.
Decision of the Regional Court and Its Core Statements
Transparency Requirement Also Includes the “How” of Presentation
According to the court’s essential considerations, it is not sufficient to place mandatory information anywhere on the packaging. The presentation must be done such that the information can indeed be noticed in everyday life. Therefore, execution in “micro font” cannot be considered an equivalent fulfillment of labeling obligations if it effectively results in information obstruction.
Relevance for Market Behavior
The regional court did not assess legibility as merely a design issue but as part of the legally required consumer information. If this information is undermined by the specific presentation, it can be considered a violation of market behavior rules, potentially leading to competition law claims.
Significance for Labeling and Packaging Design
The decision makes it clear that the legal assessment of product presentations does not end with the mere existence of information. The accessibility of the information – particularly its legibility – can also be decisive. For companies, this regularly involves interfaces between product design, regulatory requirements, and competition law demands.
Source Reference
The contents above are based on the report about the article “Reading Impossible: Regional Court Criticizes Tiny Print on Shampoo Bottle” on Juraforum (available at: https://www.juraforum.de/news/lesen-unmoeglich-landgericht-kritisiert-winzige-schrift-auf-shampoo-flasche_258743).
Transition: Legal Classification in Labeling and IP Context
Questions regarding the legal classification of packaging designs, labeling obligations, and the interface with trademark and competition law often arise already during the conception and later marketing of products. MTR Legal supports companies and investors in this environment with advice focused on economic matters – further information on Legal Advice in IP Law.
