On 5 November 2026, the Court of Justice of the European Union (CJEU) set out the details of a recent ruling clarifying the circumstances in which the packaging of chemical products may mislead consumers because of its resemblance to food packaging. This case law could also apply to cosmetics.
A summary of the facts
The Swedish company Orkla Care AB markets chemical products, notably laundry detergents, in coloured cardboard packaging in the shape of an elongated brick, fitted with a folded lid incorporating a screw cap.
Following complaints from consumers regarding the similarity of that packaging to that used for foodstuffs, the Swedish Chemicals Agency banned the marketing of nine products packaged in that way, on the basis of the regulation on the packaging of hazardous substances or mixtures (CLP Regulation).
Orkla challenged that decision before the Swedish courts, which referred the matter to the Court of Justice to seek clarification on the criteria for assessing, in the light of that regulation, the similarity between the packaging of dangerous substances and that of foodstuffs.
As a reminder, this type of preliminary ruling enables the courts of the Member States, in the context of a dispute before them, to refer a question to the Court of Justice of the European Union regarding the interpretation of EU law or the validity of an EU act. The Court does not, therefore, rule on the national dispute, but the national court must resolve the case in accordance with its decision.
