art_2__para

1 . THE LABELLING AND METHODS USED MUST NOT : ( A ) BE SUCH AS COULD MISLEAD THE PURCHASER TO A MATERIAL DEGREE , PARTICULARLY : ( I ) AS TO THE CHARACTERISTICS OF THE FOODSTUFF AND , IN PARTICULAR , AS TO ITS NATURE , IDENTITY , PROPERTIES , COMPOSITION , QUANTITY , DURABILITY , ORIGIN OR PROVENANCE , METHOD OF MANUFACTURE OR PRODUCTION , ( II ) BY ATTRIBUTING TO THE FOODSTUFF EFFECTS OR PROPERTIES WHICH IT DOES NOT POSSESS , ( III ) BY SUGGESTING THAT THE FOODSTUFF POSSESSES SPECIAL CHARACTERISTICS WHEN IN FACT ALL SIMILAR FOODSTUFFS POSSESS SUCH CHARACTERISTICS ; ( B ) SUBJECT TO THE PROVISIONS APPLICABLE TO FOODSTUFFS FOR PARTICULAR NUTRITIONAL USES , ATTRIBUTE TO ANY FOODSTUFF THE PROPERTY OF PREVENTING , TREATING OR CURING A HUMAN DISEASE , OR REFER TO SUCH PROPERTIES ; COMMUNITY PROVISIONS OR , WHERE THERE ARE NONE , NATIONAL PROVISIONS MAY DEROGATE FROM THIS RULE IN THE CASE OF NATURAL MINERAL WATERS . THE PROCEDURE LAID DOWN IN ARTICLE 16 SHALL APPLY TO ANY SUCH NATIONAL PROVISIONS . 2 . THE COUNCIL , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 100 OF THE TREATY , SHALL DRAW UP A NON-EXHAUSTIVE LIST OF THE CLAIMS WITHIN THE MEANING OF PARAGRAPH 1 , THE USE OF WHICH MUST AT ALL EVENTS BE PROHIBITED OR RESTRICTED . 3 . THE PROHIBITIONS OR RESTRICTIONS REFERRED TO IN PARAGRAPHS 1 AND 2 SHALL ALSO APPLY TO : ( A ) THE PRESENTATION OF FOODSTUFFS , IN PARTICULAR THEIR SHAPE , APPEARANCE OR PACKAGING , THE PACKAGING MATERIALS USED , THE WAY IN WHICH THEY ARE ARRANGED AND THE SETTING IN WHICH THEY ARE DISPLAYED ; ( B ) ADVERTISING .

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Source: EUR-Lex (Cellar) · retrieved 2026-11-13 · Text as adopted (Official Journal); later amendments are not incorporated in this text.