LexInter | March 14, 2002 | 0 Comments


CONSUMER CODE (Legislative Part)
Section 1: Deception
Article L213-1
(Law n ° 92-1336 of December 16, 1992 art. 322 Official Journal of December 23, 1992 in force on March 1, 1994) (Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

Will be punished with imprisonment of two years at most and a fine of 37,500 euros at most or one of these two penalties only anyone who, whether or not a party to the contract, has deceived or attempted to deceive the contracting, by any means in process whatsoever, even through the intermediary of a third party:
1 ° Either on the nature, species, origin, substantial qualities, composition or content of useful principles of all merchandise ;
2 ° Either on the quantity of items delivered or on their identity by the delivery of a commodity other than the specific item which was the subject of the contract;
3 ° Either on the suitability for use, the risks inherent in the use of the product, the checks carried out, the instructions for use or the precautions to be taken.

ESB and responsibility, Brosses, Antoine de, Option Qualité, n ° 192, 01/03/2001, pp. 11-18
Article L213-2
 The penalties provided for in article L. 213-1 are doubled:
1 ° If the offenses provided for in said article have resulted in the use of the goods dangerous for human or animal health ;
2 ° If the offense or attempted offense provided for in article L. 213-1 has been committed:
a) Either using false or inaccurate weights, measures and other instruments;
b) Either by means of maneuvers or procedures tending to distort the operations of analysis or dosage, weighing or measurement, or tending to fraudulently modify the composition, weight or volume of the goods, even before these operations ;
c) Or finally with the help of fraudulent indications tending to make believe in a previous and exact transaction.
Article L213-2-1

(inserted by Ordinance n ° 2006-1224 of October 5, 2006 art. 52 Official Journal of October 6, 2006)

Is punished by a four-year prison sentence and a fine of 75,000 Euros the fact of exporting to a country outside the European Community food injurious to health or animal feed which is dangerous, in breach of the provisions of Article 12 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002.

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