Opinion of the Advocate General — ECLI:EU:C:2000:31
Date: 2000-01-20
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Consumer protection;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 
Approximation of laws — Labelling and presentation of foodstuffs — Directive 
79/112— Prohibition of labelling liable to mislead purchasers— Use of the term 
'naturally pure' for strawberry jam containing pectin and traces or residues of lead, 
cadmium and pesticides — Permissibility — Conditions 
(Council Directive 79/112, Art. 2(1)(a)(i)) 
I - 2297 
SUMMARY — CASE C-465/98 
Article 2(l)(a)(i) of Directive 79/112 on the 
approximation of the laws of the Member 
States relating to the labelling, presentation 
and advertising of foodstuffs for sale to the 
ultimate consumer, which provides that 
labelling must not be such as to mislead 
the purchaser as to the characteristics of the 
foodstuff, does not preclude use of the 
description 'naturally pure' for a straw­
berry jam which contains the gelling agent 
pectin and traces or residues of lead, 
cadmium and pesticides of the following 
levels: 0.01 mg/kg of lead, 0.008 mg/kg of 
cadmium, 0.016 mg/kg of procymidone 
and 0.005 mg/kg of vinclozolin. 
Notwithstanding the presence of those 
substances, the term 'naturally pure' used 
on the label of the packaging of that 
foodstuff is not liable to mislead an average 
consumer who is reasonably well informed 
and reasonably observant and circumspect 
as to its characteristics. 
(see paras 33 and 34) 
I - 2298