Loi Toubon and French translation on packaging

If the product is bought in France by a consumer based in France, French law applies (Rome I) and no matter the product is sold on ecommerce platform and/or physical shop.

French language is compulsory for the description, offer and presentation of goods, products and services as well as in advertisements according to « loi Toubon » dated August 4st, 1994^[1].

Justifications of principle are:

• For the consumer to make a well-informed choice and to bring competition.
• For the consumer to use properly the equipment for the safety of himself and others.

Shall be written in French:

• Labelling, catalogues, brochures and information Leaflet
• Orders, delivery notes, guarantee certificates, instructions for use, notes, receipts, transport tickets
• membership contract
• the inscriptions on the products, on their container and/or on their packaging

No French translation needed in the following cases:

• when the goods and products have inscriptions engraved, moulded or woven in a foreign language
• terms and expressions that are part of everyday language or result from international conventions (e.g. off / on, made in…, copyright) and when other means of informing the consumer are used, such as symbols or pictograms, which may be accompanied by mentions in a foreign language that are not translated into French, provided that the drawings, symbols or pictograms and the mentions are either equivalent or complementary, provided that they are not likely to mislead the consumer, etc.

For example French court considered as an unlawful practice to offer for sale software with instructions for use written in English, as well as instructions for use integrated into computer software in a foreign language, because they are assimilated to instructions for use .

However French court considered as lawful the sale by an importer of spinning accompanied by instructions for use written in part exclusively in German. The court considered that the precautions for use and safety relating to the speed of the spinning and the need for adult supervision had been translated. Even if the instructions to build the spinning were written exclusively in German, they were accompanied by explicit diagrams, so the consumer safety was respected  (CA Paris 25-10-2006 n°05-6174)

Dr. Audrey PAGOT