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Article 6(2)(c) allows traders to (continue to) market goods that significantly differ in composition or characteristics as being identical when this is justified by ‘legitimate and objective factors’. A non-exhaustive indicative list of such factors is mentioned in recital 53 of Directive (EU) 2019/2161, namely: national legal requirements; availability/seasonality of raw materials; and voluntary strategies to improve access to healthy and nutritious food, as well as the traders’ right to offer goods of the same brand in packages of different weight or volume in different geographical markets.
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.