In the European Union, the “organic label” is a sign of quality and sustainability in agriculture and food production. It signals to consumers that a product has been produced according to strict organic standards. The EU Organic Regulation 2018/848 regulates advertising with organic labels and ensures that only products that meet organic standards may be advertised as “organic”. Companies must adhere to these regulations in order to avoid unfair advertising and ensure consumer confidence in organic products.
Legal basis for the organic label in the EU
According to the EU Organic Regulation, products may only bear an organic label if they have undergone the entire production process in accordance with the organic specifications. This means, for example, that products must be produced without synthetic pesticides and genetic engineering and the use of additives is restricted. The organic label may therefore only be used if the entire production chain – from farming and processing through to labeling – meets the strict requirements.
Another important point is the indication of the organic control number. This must be clearly visible on the product and shows that the product has been certified by a recognized inspection body. Companies that use an organic label must also indicate the type of agriculture (e.g. EU, non-EU or EU/non-EU agriculture) from which the product originates. This gives consumers more transparency about the origin of the products and strengthens confidence in organic certification.
Advertising with organic labels: requirements and potential pitfalls
Companies that advertise their products with an organic label need to be careful. False or misleading advertising can quickly lead to legal problems. In particular, it is important that only products that actually meet all the requirements carry an organic label. Otherwise, this could be considered misleading advertising, which is considered unfair and therefore illegal under national competition law.
Private organic labels created by companies themselves are a common problem. Even if the advertised product actually meets the organic requirements, advertising with a self-created organic label can be misleading if it gives the impression of an official seal. The average consumer may assume that it is an independent certification. This can lead to companies being sued for deception. It becomes particularly tricky if the label looks very similar to a well-known organic label, as this could give consumers unwarranted confidence in the quality of the product.
Practical example: Misleading organic label advertising for beverages
A prominent example of misleading advertising with an organic label is the case of the Danone company and its product “Volvic”. The Higher Regional Court of Frankfurt am Main (judgment of April 29, 2021 – Ref.: 6 U 200/1) ruled that Volvic water may not be advertised as “premium water in organic quality”. The court based this decision on the fact that the water has to be post-treated due to an increased arsenic content, which does not meet consumer expectations of premium organic water. With an organic label, consumers assume that the product is natural and untreated, which was not the case here.
This case illustrates how important it is to know and observe the exact requirements of an organic label. The organic label is not just a marketing strategy, but represents a promise of quality. Companies that do not meet this standard and still use the organic label risk legal consequences and a loss of trust from their customers.
Current discussions on extending the EU Organic Regulation to include organic labels for mineral water
The question of whether mineral water can also carry an organic label is controversial at European level. The EU Organic Regulation does not yet regulate organic certification for mineral water. However, there are considerations to include the term “organic” for certain water products in the regulation in order to better protect consumers. Consumers often have a clear idea of what an organic label means. They expect the product to be organically produced, low in harmful substances and environmentally friendly. This expectation must also be taken into account in advertising. Companies should therefore always ensure that the claims comply with the legal requirements and meet consumer expectations.
Risks and legal consequences for companies
Advertising with an organic label can not only secure market share and trust for companies, but also pose legal challenges. Anyone who makes misleading or false statements about an organic label is in breach of competition law and can be warned or even sued. Section 3 para. 3 no. 2 UWG (Unfair Competition Act) is relevant here, which prohibits unfair business practices in connection with organic labels. Companies therefore run the risk of consumer or competitor lawsuits being filed if the organic label is not used correctly.
Conclusion: How to use the organic label in a legally compliant manner
In order to use the organic label in a legally compliant manner, companies should pay close attention to the requirements of the EU Organic Regulation and ensure that the product meets the requirements for organic labeling. This is the only way to use the organic label without running the risk of infringing competition law. Companies should also bear in mind that consumer confidence depends to a large extent on the transparent and correct labeling of their products.
The organic label is not just a sales argument, but a promise of sustainability and quality. Companies should use this as an opportunity to position themselves on the market through transparent and honest communication and thus build long-term customer trust.
