Question
A Canadian company called Maple produces chocolate bars in the United Kingdom and wants to sell them in Germany. During a promotion campaign, the size
A Canadian company called Maple produces chocolate bars in the United Kingdom and wants to sell them in Germany. During a promotion campaign, the size of these bars is extended by 10 per cent. A red label saying "+ 10%" is attached to the wrapping of the bars. This red label covers about 30 per cent of thewrapping.
TheGerman authorities advise Maple that the sale of these chocolate bars in Germany would be unlawful for two reasons:
(a)Thelabelling constitutes a violation of the German Act against Unfair Competition. Because of the size of the label, consumers are led to think that the chocolate bars are not 10 per cent but 30 per cent bigger thanusual.
(b)The chocolate bars contain certain chemical additives. According to reliable scientific evidence, these additives can causecancer.
AdviseMaple whether it would be unlawful under European Union law for Germany to prohibit the sale of its chocolate bars under these circumstances.
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