"Dubai chocolate": When the name promises more than the contents - court decides drastically!

Published on: January 15.2025Categories: LegalReading time: 2 min.
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Nora Wölflick writes about interesting, current topics for the Love & Law Blog at Recht 24/7.

Dubai chocolate can no longer be called "Dubai" just like that

In a groundbreaking decision, the Regional Court of Cologne has made it clear: Anyone selling their chocolate as "Dubai chocolate" must also be able to prove that it actually comes from Dubai. Otherwise there is a risk of heavy penalties. But what is really behind this ruling and why has it caused such a stir?

Chocolate with a false promise - the verdict in detail

The court had to deal with a case in which German retailers wanted to sell chocolate products under the name "Dubai chocolate". However, the products did not actually come from Dubai. The accusation: misleading consumers. For many consumers, the name "Dubai" is inextricably linked with quality and exclusivity. If a product bears this name, buyers expect it to come from the Orient. This is a fallacy if the chocolate is actually imported from other countries.

The ruling - Strict consequences for retailers

The judges in Cologne ruled that chocolate products that were not produced in Dubai may not be sold as "Dubai chocolate". Anyone who does so anyway must expect drastic consequences. In this specific case, two retailers were sued and the managing directors are now facing fines of up to 250,000 euros or even a six-month prison sentence. This decision clearly shows how seriously the judiciary takes the deception of consumers.

Impact on the market - a domino effect?

The ruling has far-reaching consequences for the market. Numerous manufacturers and retailers who sell Dubai chocolate must now check whether their products actually have a geographical link to Dubai. If not, their business model could also be shaken. This decision could pose a serious problem, especially for major Trademarks such as Lindt, which also sell Dubai chocolate. They too could soon be targeted by the supervisory authorities.

A step in the right direction - but with side effects

Clearly, the ruling protects consumers from being misled, which is fundamentally positive. After all, advertising should not raise false hopes. But - and here comes the provocation - could this step not also lead to an excess of bureaucracy? In future, will we have to check every chocolate bar to see if the name really applies? Perhaps the next lawsuit is already on the horizon because "chocolate from Belgium" is being sold somewhere that was not produced in Belgium. Is this the future of trade?

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