EU Court Clarifies Rules on Chemical Packaging Look-Alikes
The Court of Justice of the European Union set out how authorities should judge whether chemical product packaging can be confused with food packaging.
Updated on Nov. 5, 2026 in Consumer Goods
The Court of Justice of the European Union delivered its judgment in Case C-395/25, clarifying when chemical product packaging may be considered similar to food packaging. The ruling upheld a Swedish Chemicals Agency ban on nine Orkla Care laundry detergent products sold in colourful, elongated carton packaging.
Why it matters
The decision establishes how market surveillance authorities across the EU should assess packaging look-alikes that could mislead consumers, particularly children. Its focus on protecting public health shapes how chemical packaging is regulated under Regulation (1272/2008).
The ruling upheld a ban covering nine Orkla Care products, judged under Case C-395/25. The extraction does not indicate how many other chemical product packages are currently under review.
The players
Court of Justice of the European Union
The EU's highest judicial body, based in Luxembourg, which interprets EU law and ensures its uniform application across member states.
Swedish Chemicals Agency
The Swedish government agency responsible for regulating chemical products, which issued the ban on the Orkla Care packaging.
Orkla Care
A consumer goods company that markets laundry detergents in the carton packaging at the centre of the case.
The details
The Court held that similarity must be assessed where packaging could be confused with a foodstuff because of distinctive features, including shape, size, volume, design, colour, labelling or smell. An added security feature, such as a removable label over the cap, does not on its own rule out similarity, and a non-negligible risk is sufficient without proof that a consumer was actually misled.
Timeline
November 5, 2026: Court of Justice of the European Union delivers judgment in Case C-395/25.
Market Landscape
The ruling clarifies enforcement of Regulation (1272/2008) for chemical packaging that resembles food packaging across the EU. It gives national market surveillance authorities a consistent set of criteria for judging look-alike packaging.
Consumers may see chemical products in packaging that looks more like food packaging become subject to sales bans if it could be mistaken for food. The ruling emphasizes protection for children and other vulnerable buyers when choosing household cleaning products.
The takeaway
Manufacturers selling chemical products in consumer-facing packaging should check whether their designs could be mistaken for food packaging. Even a non-negligible risk of confusion can trigger compliance action under EU rules.
Further reading
Explore more Consumer Goods coverage on product packaging rules and safety standards.
More information
Read the full CJEU judgment in Case C-395/25 on the EU Court of Justice's official reporting.
Source note: This article includes information reported by Agence Europe.
