Law No. 363/2007

on combating unfair commercial practices of traders in their relationship with consumers and harmonizing national regulations with European legislation on consumer protection

In force since: December 31, 2007 Consolidated as of: October 9, 2025 Published in: Official Gazette, Part I, No. 899 of December 28, 2007 Includes amendments introduced by: Law 130/2010; Law 33/2015; Government Ordinance 37/2015 approved by Law 51/2016; Government Ordinance 2/2018; Emergency Ordinance 58/2022. Latest amendment: May 28, 2022

SECTION 1 – Misleading Commercial Practices

Article 5. – Misleading commercial practices may consist of misleading actions or misleading omissions.

Article 6. – A commercial practice shall be considered a misleading action if it contains false information or, in any situation — including its overall presentation — misleads or is likely to mislead the average consumer, in such a way that, in either case, it causes or is likely to cause the consumer to make a transactional decision that they would not have otherwise made, even if the information is factually correct, with regard to one or more of the following elements: a) the existence or nature of the product; b) the main characteristics of the product, such as: availability, advantages, risks, manufacture, composition, accessories, after-sales assistance and handling of complaints, the manner and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specifications, geographical or commercial origin, the results that can be obtained from its use, as well as the results and essential characteristics of tests or checks carried out on the product.

A commercial practice shall also be considered a misleading action if, in the context of its presentation and taking into account all characteristics and circumstances, it causes or is likely to cause the average consumer to make a transactional decision that they would not have otherwise made. In this case, the misleading action is determined by: a) any marketing activity concerning the product, including comparative advertising, which creates confusion with another product, brand, name, or other distinctive signs of a competitor; b) failure by the trader to comply with obligations laid down in a code of conduct that they have undertaken to respect, provided that: (i) the commitment is not merely aspirational but firm and verifiable; (ii) the trader indicates, within a commercial practice, that they are bound by the code; c) any marketing activity of a product presented as being identical to a product marketed in other Member States of the European Union, although that product has a significantly different composition or characteristics, unless such differences are justified by legitimate and objective factors, proven by conclusive documentation.

REGULATION (EC) No. 1333/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 16 December 2008 on food additives Published in: Official Journal of the European Union (OJ L 354 of 31.12.2008) Consolidated text

Table 1

Foods in which the presence of an additive shall not be permitted under the transfer principle laid down in Article 18(1)(a) of Regulation (EC) No. 1333/2008

• Unprocessed foods, as defined in Article 3 of Regulation (EC) No. 1333/2008, with the exception of meat preparations as defined in Regulation (EC) No. 853/2004.
• Honey, as defined in Council Directive 2001/110/EC.
• Non-emulsified oils and fats of animal or vegetable origin.
• Butter.
• Pasteurized and sterilized (including UHT) unflavored milk and plain unflavored pasteurized cream (except for low-fat cream).
• Unflavored fermented dairy products not heat-treated after fermentation.
• Unflavored buttermilk (except sterilized buttermilk).
• Natural mineral water, as defined in Directive 2009/54/EC of the European Parliament and of the Council, and spring water, as well as all other bottled or packaged waters.
• Coffee (except flavored instant coffee) and coffee extracts.
• Unflavored leaf tea.
• Sugars, as defined in Council Directive 2001/111/EC.
• Dried pasta, except for gluten-free and/or low-protein diet products in accordance with Directive 2009/39/EC of the European Parliament and of the Council.
• Foods for infants and young children, as referred to in Regulation (EU) No. 609/2013, including foods for special medical purposes for infants and young children.

Dr. Eng. George Grecu