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Chocolate can also be made from pure Cocoa but one should be careful how to communicate this on the Label

Fausto Capelli, Barbara Klaus


On 25 November 2010, the European Court of Justice, in Case C-47/09, found that, by providing that the adjective “pure” may be added to the sales name of chocolate products which do not contain vegetable fats other than cocoa butter, the Italian Republic has failed to fulfil its obligations under the European Law; by violating Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating to cocoa and chocolate products intended for human consumption as well as Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs. The present Article explains the genesis of this “chocolate dispute”, with traces back to the seventies and which shows the different understanding of consumer in the different Member States on the composition of specific categories of foodstuffs, such as chocolate products. This case is therefore a clear example for the difficult “balancing act” between guaranteeing the free movement of goods on the one hand and proper protection of consumers’ interests, particularly the right of clear information regarding the characteristics of foodstuffs offered for sale; combined with Member States’ legitimate interests in protecting the quality of food and agricultural products.

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