Tight marketing regulations. EU court ruled against a disinfectant AD, claims it is misleading

The Court of Justice of the European Union determined, in response to a question from a German court, that disinfectants cannot be advertised as "skin-friendly" under the regulations on biocidal products. This ruling affects a product offered by the DM drugstore chain.

The Court of Justice of the European Union (CJEU) issued a ruling in response to a question posed by the German court. The case concerned the interpretation of the regulation on biocidal products, specifically whether disinfectants can be advertised as "skin-friendly." The CJEU's ruling is significant for the DM drugstore chain, which offered a product named BioLYTHE.

The DM drugstore chain introduced a disinfectant named BioLYTHE into its range. The label on this product included information such as: "Ecological universal disinfectant with a broad spectrum of action," "disinfection of skin, hands, and external surfaces," "effective against SARS coronavirus," and "skin-friendly, bio, alcohol-free."

However, the German Association for Combating Unfair Competition raised concerns about this information. According to the association, the advertisement of the BioLYTHE product constitutes unfair competition as it violates the regulation of biocidal products. Consequently, the association decided to bring the matter before the courts in Germany.

The regulation cited by the association states that advertisements for biocidal products cannot include phrases such as "low-risk biocidal product," "non-toxic," "harmless," "natural," "environmentally friendly," "animal-friendly," or "any similar indications." The German court, considering this, referred a question to the CJEU. It sought to determine whether the phrase "any other indications" covers all indications in biocidal product advertisements that could mislead users by minimizing the risks associated with their use or even denying their existence.

The CJEU responded affirmatively to this question. The court found that the phrase "skin-friendly" has a positive connotation, implying that the product is not dangerous and may be beneficial for the skin. According to the CJEU, such a phrase is misleading and should not be used in advertising.

The final decision in this matter will be made by the court in Germany.