21 June

HEALTHCARE

Advertising on biocidal products: the use of the claim "skin friendly" is forbidden

21/06/2024

The use of the wording "skin friendly" in the advertising of biocides (in this case, a disinfectant for the skin, hands and surfaces) is misleading with respect to the risks that the product may pose to health and such as to justify the ban on its use in advertising, as it has a positive connotation that avoids the evocation of any risk and can even suggest that the product is beneficial for the skin.

This is the decision of the EU Court of Justice on the matter, adopted with judgement of 20 June 2024 (case C-296/23), considering that art. 72, par. 3, Reg. 528/2012 (dedicated to advertising on biocides, according to which "the advertising of a biocidal product shall not mention «low-risk biocidal product», «non-toxic», «harmless», «natural», «environmentally friendly», «animal friendly» or any similar indication") must be interpreted as meaning that the notion of "similar indications" contained therein includes any indication contained in advertising relating to biocidal products which, like the indications contained in that provision, refers to said products in such a way as to mislead the user as to the risks that they may present for human or animal health or as to their effectiveness, minimizing such risks or even denying their existence, without necessarily having a general character.