No organic code
in
brochures.
No organic code
in
brochures.
from
Do trading companies also have to state the code number of the competent inspection authority in their advertising brochures for organic products? The ECJ has clearly answered this economically significant question for the food trade in the negative, thus providing practical relief for retailers.
What had happened?
The retail company GLOBUS – known for its large hypermarkets – distributed advertising brochures in Gera and the surrounding area at the beginning of 2024. These advertised various foods with the words “organic” and the official EU organic logo.
What was missing: a so-called control number. This term refers to the code of an official inspection body that monitors whether an organic product has actually been produced in accordance with the regulations. Such numbers are typically found on organic products in the form “DE-ÖKO-001” or similar.
An association that fights unfair competition saw this as a violation of competition law and filed a lawsuit. GLOBUS also had to print this number in the brochure. The competent regional court was unsure and referred the question to the European Court of Justice.
What is the legal question about?
European law on organic products makes a very precise distinction between two things:
- Product labeling: This is all the information that appears directly on the product – on the label, packaging or a tag. They physically “accompany” the product.
- Advertising: These are all measures with which a product is presented to the public – brochures, advertisements, posters. They are spatially separated from the product.
Der klagende Verband argumentierte, dass der Gesetzgeber in einer Vorschrift beide Begriffe zusammen nennt und deshalb müsse die Kontrollnummer-Pflicht auch für Werbung gelten. GLOBUS sah das anders. Kennzeichnung und Werbung seien zwei völlig verschiedene Dinge.
What did the European Court of Justice decide?
The European Court of Justice ruled in favor of GLOBUS Decision of 18.12.2025 Ref. C-745/24 law.
The obligation to indicate the control number does not extend to advertising leaflets that are physically separated from the organic products they advertise.
Advertising is not labeling. In no European language version of organic law do advertising brochures count as “labeling”. Label, packaging, sticker – yes, leaflet – no.
The law makes a consistent distinction. Wherever the organic law mentions the terms “labeling” and “advertising”, the two are mentioned as two different categories side by side, not as one.
Die Pflicht gilt nur für das Produkt. Die Vorschrift verlangt, dass die Kontrollnummer „gut sichtbar, deutlich lesbar und unverwischbar“ angebracht sein muss, doch das ergibt nur Sinn für ein physisches Etikett, nicht jedoch für einen Prospekt.
Practically impossible. When a retailer has their brochure printed, they often don’t even know which manufacturer will ultimately deliver – and therefore which inspection body is responsible. The required information would not even be possible.
What does this mean for retailers?
The decision is a clear relief for all companies that advertise organic products.
Organic designations may only be used for products that are actually certified. The ban on misleading information remains in full force. However, advertising brochures, flyers, advertisements and digital advertising materials do not have to include the control number.
Cease and desist letters based on this alleged obligation are unjustified. Anyone who has already issued a cease-and-desist declaration on this subject should have it checked to see whether it is still valid.
Conclusion
The European Court of Justice has now provided a binding answer for all EU member states to a question that is frequently asked in practice. The control number is intended to ensure that consumers who buy an organic product can see who has inspected it. This objective is fulfilled by the information on the product itself; there is no need for information in advertising.
Für Unternehmen im Lebensmitteleinzelhandel, aber auch für Hersteller und Importeure von Bio-Produkten, schafft diese Entscheidung etwas Erleichterung und vor allem Rechtssicherheit.
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