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The behaviour of the average consumer: A little less normativity and a little more reality in CJEU's case law? : Reflections on Teekanne

Title data

Schebesta, Hanna ; Purnhagen, Kai:
The behaviour of the average consumer: A little less normativity and a little more reality in CJEU's case law? : Reflections on Teekanne.
In: European Law Review. Vol. 41 (2016) Issue 4 . - pp. 590-598.
ISSN 0307-5400

Abstract in another language

In Teekanne, the Court of Justice held that the labelling of foodstuffs may not give the impression that an ingredient is present in a product where it is in fact not present, and this is apparent solely from the list of ingredients on the packaging. The judgment marks a significant realignment of previous cases that had considered the behaviour of consumers regarding the list of ingredients. In prior case law the Court had found consumers to be adequately protected if they had the possibility to gather the relevant information from the list of ingredients. In Teekanne, the Court stipulated that such information on the ingredients list is not able to “correct” a “consumer’s erroneous or misleading impression” created by the “overall labelling” taken as a whole. The ruling is potentially the first case in a series of judgments that understands the “average consumer” in a less normative way, and is open to arguments about the real-world vulnerability levels of consumers.

Further data

Item Type: Article in a journal
Refereed: Yes
Institutions of the University: Faculties > Faculty of Law, Business and Economics
Faculties > Faculty of Law, Business and Economics > Department of Law
Faculties > Faculty of Life Sciences: Food, Nutrition and Health > Chair Food Law > Chair Food Law - Univ.-Prof. Dr. Kai Purnhagen
Profile Fields > Emerging Fields > Innovation and Consumer Protection
Profile Fields > Emerging Fields > Food and Health Sciences
Research Institutions > Research Units > Forschungsstelle für Deutsches und Europäisches Lebensmittelrecht
Result of work at the UBT: No
DDC Subjects: 300 Social sciences > 340 Law
Date Deposited: 23 Mar 2021 12:41
Last Modified: 23 Mar 2021 12:41
URI: https://eref.uni-bayreuth.de/id/eprint/64224