Products with a misleading appearance are products that are not food but show a strong resemblance and may be mistaken for food by children due to their form, odour, colour, appearance, packaging, labelling, volume, and even size or other characteristics. These products are imitations.
The consumption of a product which resembles food can easily cause health problems. Children particularly can be easily mistaken, causing them to ingest, suck or swallow such a product, therefore leading to risks such as suffocation, poisoning or an obstruction in the digestive system.
Examples of such products: imitation fruit made of wax or plastic (with small parts), soap or candles, with the same shape, colour and smell as food, …
Regulations
Attention!
On 13 December 2024, Regulation (EU) 2023/988 on general product safety became effective.
This new regulation repeals European Directive 87/357/EEC.
The Royal Decree of 10 August 2001 concerning products of misleading appearance which compromise the health or safety of consumers will soon be repealed.
These products are no longer directly prohibited but, like all consumer products, have to be subject to a risk assessment taking into account, in particular, their appearance.
The products that were placed on the market before 13 December 2024 and were compliant with the previous law can remain on the market.
