Wipes and disinfectants, EU court bans ‘skin friendly’ label because it ‘hides possible side effects’

Brussels – Disinfectant wipes, disinfectant creams, antiseptics in general, and insect control products may not claim to be “gentle on the skin” on the label because it can “mislead the user, minimizing risks or even denying their existence.”

“Biocides,” or non-agricultural disinfectants, fell under the axe of the Court of Justice of the European Union in a ruling issued at the end of a case (C-296/23) brought by a German firm against a competitor.

European judges ruled that according to EU law, “biocidal products may not be advertised in a manner in which the indications may mislead the user in respect of the risks from those products to health or the environment or in respect of their efficacy. Promoting a biocidal product with the indications ‘low-risk biocidal product’, ‘non-toxic’, ‘harmless’, ‘natural’, ‘environmentally friendly’, ‘animal friendly’ or any similar indication is prohibited.” It is enough to take any first aid course, and one of the first things you learn is to never use disinfectants in the first intervention on an injured person because the operator cannot know about any intolerances or allergies that exist even towards the most common disinfectants.

According to the Luxembourg judges, a note from the Court explains, “both general and specific indications that downplay the risks from those products may mislead the user in respect of the existence of those risks.” This includes ” any indication in the advertising for biocidal products which refers to those products in a manner that is liable to mislead the user by downplaying those risks or even denying their existence.”

With regard to the phrase ‘skin-friendly,’ the Court notes that such a statement has “a positive connotation that avoids suggesting any risk, with the result that it may not only qualify the harmful side effects of the product concerned but also imply that the product concerned could be beneficial for the skin.”

For European justice, therefore, “is of a misleading nature which justifies the prohibition of its use in the advertising of the biocidal product at issue.”