French draft law No 3759 of 19 January 2021 aims at introducing, as a misleading clause, the use – outside certain limits – of symbols or words recalling France.
What the draft rule says The short draft states as follows: “(It is misleading – editor’s note) […] to put or cause to appear any emblem or symbol meant to identify France on a product, sold on national territory, which has not obtained the essential characteristics in France and at least 50% of its unit price has not been acquired there (on national territory – editor’s note)”.
Ban on symbols and words recalling France on product labels
By adding to the Consumer Code – among the misleading commercial practices (articles l.121-2 to l.121-5) – also the provision contained in the draft related to the minimum requirements to be met for a product, not only foodstuffs, to be considered French, the new ban will open the door to the use not only of French emblems, but also of brands or certifications that are compatible with the new provision. The double requirement that the essential characteristics and the economic value shall be obtained in France, overcomes – at least partially – an approach that would otherwise be only psychological (on what is recognized as essential or not, e.g. in food composition) along with an accounting data that can certainly be easily verified against objective criteria.