If “Poultry Salami” is on the package, bacon has no place in the sausage. This was decided by the Higher Administrative Court of North Rhine-Westphalia in Münster (Az. 9 A 517/20).
Consumers want to know what ingredients are contained in food products. Misleading information can therefore be a violation of competition law, explains the law firm MTR Legal. This is also confirmed by a decision of the OVG Münster on August 15, 2022.
The underlying case involved a salami that ended up on store shelves as “Poultry Salami.” On the front of the package, “Poultry Salami” was prominently displayed, and only on the back, under the bold label in significantly smaller text, was there also the addition “with bacon,” which was also listed in the ingredients.
The authority responsible for food monitoring of the district saw the designation and presentation of the product as misleading to consumers and a violation of the Food Information Regulation. The Administrative Court of Minden shared this assessment. The company producing the sausage disagreed. They claimed that an expectation that the salami contains exclusively poultry only exists with the designation “pure poultry.” Furthermore, only poultry meat is used in the Poultry Salami, according to the manufacturer, because bacon is not meat but is added as a technologically necessary fat source and is expected by the consumer as an ingredient.
The OVG Münster did not follow this argument and rejected the appeal against the judgment of the VG Minden. It justified this essentially by stating that the indication “Poultry Salami” on the front of the package creates a false impression in the consumer regarding the properties of the food. They expect the salami to consist exclusively of poultry meat and not also contain pork. This applies to bacon or other parts of the pig as well, according to the court. This false impression is not corrected by the indication “with bacon” on the back of the package, as the consumer’s expectation is mainly influenced by the indication on the front, according to the OVG Münster.
Violations of competition law can result in warnings or cease-and-desist orders. Lawyers experienced in competition law can provide advice.
