EU Court Clarifies CLP Rules For Food-Like Detergent Packaging

The Court of Justice of the European Union has clarified how the CLP Regulation applies to hazardous consumer chemicals whose packaging resembles food packaging. Its 5 November judgment in Case C-395/25, Orkla Care v Kemikalieinspektionen, requires a case-by-case assessment of the packaging's overall appearance and the risk of misleading consumers.

The dispute concerns nine liquid laundry detergents sold in coloured cartons with folded tops and screw caps. Sweden's chemicals agency prohibited their marketing, and a Swedish court referred questions about Article 35(2) of CLP to the EU Court. The judgment interprets that provision; the national court remains responsible for applying the ruling to the dispute.

Overall Appearance and Consumer Risk

The assessment can include shape, size, volume, design, colour, labelling, material, texture and smell. A removable safety feature is not decisive if it will not remain intact throughout the packaging's lifespan. Warning statements do not necessarily overcome the impression created by food-like packaging. Judgment, paragraphs 43–55.

The Court says the relevant consumers include children and particularly vulnerable people. A non-negligible risk of deception is sufficient: the authority does not have to show that consumers have actually mistaken the contents for food. Judgment, operative points 3–4.

National Markets and Hazard Categories

Authorities may take account of conditions in the national market where the products are sold, without assessing packaging across every EU market.

The particular hazard category and the specific risk arising from exposure are not decisive when assessing food-like packaging under Article 35(2). That rule concerns packaging containing hazardous substances or mixtures supplied to the general public. The judgment does not impose a blanket prohibition on all detergent cartons. Judgment, operative points 1, 2 and 5.