Official Journal of the European Union

C series

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C/2025/4582

(Case C-395/25, Orkla Care)

(C/2025/4582)

Language of the case: Swedish

Referring court

Parties to the main proceedings

Applicant: Orkla Care AB

Defendant: Kemikalieinspektionen

Questions referred

(1)On the basis of which detailed criteria must the assessment under Article 35(2) of the CLP Regulation (1) be made as to whether packaging has a similar presentation or design to that used, for example, for foodstuffs? Must measures to distinguish packaging from, for example, food packaging, be permanent throughout the life cycle of the packaging or may they be designed to be torn off?

(2)Must the assessment of whether packaging has a similar presentation or design to that, for example, for foodstuffs, be made on the basis of the food packaging on the market on which the product is placed or the market on which it is supplied to the public, and must the assessment then be made solely on the basis of the national market, the entire EU market, or parts thereof?

(3)How should the term ‘consumer’ be interpreted and applied in Article 35(2) of the CLP Regulation? Does it relate to the average consumer or must vulnerable or disadvantaged consumer groups, such as visually impaired persons, persons with other disabilities and children, also be included in the notion of consumer? If so, how must their specific needs be taken into account?

(4)What must be the level of likelihood of the consumer being misled into believing that the packaging contains foodstuff? Is it sufficient for there to be a theoretical or insignificant likelihood or must the likelihood be real? Is it relevant to take into account in that assessment whether confusion with foodstuffs has actually occurred, where such information is available?

(5)Must the hazard category and the specific risk of the substance or mixture be taken into account when applying Article 35(2) of the CLP Regulation? Must that article be interpreted as applying to packaging containing a hazardous substance or mixture and having a similar presentation or a design used for foodstuffs, where, as in this case, the contents of the packaging are not hazardous to ingest but are hazardous only in the case of other types of exposure, such as the mixture being capable of causing reversible eye irritation?

(1) Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ 2008 L 353, p. 1).

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ELI: http://data.europa.eu/eli/C/2025/4582/oj

ISSN 1977-091X (electronic edition)

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