Extra Virgin
only for pure
Olive oil.
Extra Virgin
only for pure
Olive oil.
of
Can an olive oil with basil flavoring be advertised as “extra virgin” or “extra virgin”? And what applies if the oil it contains is actually “extra virgin” or “extra virgin”? The Higher Regional Court of Stuttgart has ruled that an olive oil to which other ingredients are added may not be labeled with the quality grade “extra virgin” or “extra virgin” outside the list of ingredients.
Refined olive oil with a premium label
An online retailer based in Luxembourg sold, among other things, flavored olive oils via its online store. The products – including a basil-flavored olive oil and a bruschetta olive oil – bore the designation “extra virgin” or “extra virgin” on the front of the label. The product heading in the online store also read “Refined extra virgin basil olive oils”. In fact, however, these were not pure olive oils, but preparations. In addition to extra virgin olive oil, the products contained natural flavors as further ingredients.
A competing olive oil retailer issued a cease and desist letter as anti-competitive and obtained an injunction from the Regional Court of Stuttgart. On appeal, the Higher Regional Court of Stuttgart essentially confirmed the injunction (Higher Regional Court of Stuttgart, judgment of 05.03.2026, ref. 2 U 118/25).
The quality levels of olive oil
Olive oil is one of the most strictly regulated foods in the EU. A European regulation – Delegated Regulation (EU) 2022/2104 – specifies exactly which designations may be used for which categories of olive oil. The highest quality grade, “extra virgin olive oil”, is reserved for pure olive oil that meets certain quality and purity parameters. These category designations are not mere marketing terms, but legally protected trade names.
What the EU regulation prohibits
The decisive regulation governs what happens when other foods are added to an olive oil. The resulting product may then no longer bear any of the protected category designations – at least not outside the list of ingredients.
The quality grade of the olive oil used may still be stated in the list of ingredients itself, for example: “Ingredients: Extra virgin olive oil (99.7 %), natural basil flavoring (0.3 %)”. This is correct and permissible. On the front of the label, in the product name or in a product heading in the online store, however, the designation “extra virgin” or “extra virgin” is prohibited for the entire product.
The online retailer’s reasoning
The Luxembourg online retailer took the view that the regulation only prohibits a product from being misleadingly labeled as pure olive oil of a certain quality grade. As long as the labeling is correct overall, i.e. the olive oil actually has the quality grade “extra virgin” and the aromas are declared as ingredients, there is no misleading and therefore no infringement. Moreover, such designations are common on the market.
The decision of the OLG Stuttgart
The Stuttgart Higher Regional Court didn’T share the point of view of the Luxembourg online retailer in his Judgment of 05.03.2026 – Ref. 2 U 118/25 not. The court clarified that the EU regulation makes a deliberate distinction between the use of quality designations inside and outside the list of ingredients. If other foodstuffs are added to an olive oil – including flavorings – the quality designation may only appear in the list of ingredients, but not elsewhere on the label.
According to the court, this is a strict labeling prohibition that applies regardless of whether the consumer is actually misled. Even true information on the quality grade of the oil contained is not permitted outside the list of ingredients if other foodstuffs have been added to the product.
The standard setter has […] established a strictly formalized labeling prohibition that must be complied with regardless of any specific risk of misleading information. It is consistent with this that it has also prohibited true designations that are to be used on the same label in the list of ingredients.
According to the court, the fact that comparable products on the market are labeled similarly did not lead to a different assessment.
In terms of competition law, the OLG Stuttgart classified the infringement as an unlawful withholding of essential information. The consumer needs the correct labeling in order to make an informed purchase decision.
Service of a temporary injunction abroad
The proceedings also gave rise to clarifications regarding the service of urgent court decisions abroad. The online retailer was based in Luxembourg. A competing olive oil retailer had served him with an interim injunction issued by the Regional Court of Stuttgart in Luxembourg. The online retailer complained that the service was formally incorrect as a so-called enforcement clause was missing. This note confirms that the decision may be enforced.
However, the Higher Regional Court of Stuttgart took a different view: such an enforcement clause is not required under German law for the service of an interim injunction in Germany. It would only have been necessary if the enforcement itself was to take place in another EU member state. However, since the aim here was to prevent conduct influencing the German market – i.e. enforcement in Germany – the service was formally effective even without an enforcement clause. The fact that the document had to be sent to an address in Luxembourg did not change this.
Conclusion
Manufacturers and retailers of flavored or “refined” olive oils should check the labeling of their products as well as the online product descriptions. Designations such as “extra virgin”, “extra virgin” or “virgin” may only be used in the list of ingredients for olive oil preparations that contain other ingredients in addition to olive oil. They may not be used in the product name, on the front of the label or in product headings in the online store. Information on the quality grade of the oil contained is also prohibited outside the list of ingredients if other foodstuffs have been added to the product.
Companies based outside Germany that serve the German market via online stores should also note that German competition law may apply to them – with the corresponding procedural consequences.
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