In a judgment of 5 November 2026 (C-435/25), the CJEU (Court of Justice of the European Union) clarifies the scope of the duty of care incumbent on distributors of cosmetic products in relation to misleading advertising claims made by manufacturers. It thus clarifies the conditions under which they may be held liable under the Cosmetics Regulation and the Unfair Commercial Practices Directive.
Background
The German company, Gut Gekauft (the manufacturer), sells cosmetic products through a specialist shop (the distributor).
In November 2020, the manufacturer published an advertising leaflet promoting a face cream containing ginseng extract. The advert highlighted certain beneficial effects of this ingredient.
However:
• The advertising claim had been provided by the product’s manufacturer.
• It also appeared on the cream’s packaging.
• The distributor had reproduced it verbatim, without altering it.
• The manufacturer had approved the leaflet prior to its publication.
The VSW (Verband Sozialer Wettbewerb, a German association combating unfair competition) considered that the claimed effects had not been scientifically proven and that the advert was therefore misleading. It therefore brought legal proceedings against the distributor to have the advert banned.
The legal issue
The main question is whether a distributor can be held liable for misleading advertising when it merely reproduces the information provided by the manufacturer without altering it.
More specifically, two questions have been referred to the CJEU.
• First question: Must the distributor systematically verify the accuracy of the advertising claims provided by the manufacturer?
• Second question: Can the general rules on …
