French Consumer Law is a comprehensive and comparative overview of French and EU law in this field, covering: advertising, unfair commercial practices, conditions for the validity of contracts, unfair terms, product conformity, latent defects, product safety.

French Consumer Law

The penalties applicable in the area of conformity of goods and services depend on the classification of the offense, which in some cases may raise questions . Courts may be required to requalify the offense if they consider that the classification initially adopted was not relevant in the circumstances of the case. The re-classification, when it occurs in the course of the proceedings, is permitt …

Principal penalties

The penalties applicable in the area of conformity of goods and services depend on the classification of the offense, which in some cases may raise questions . Courts may be required to requalify the offense if they consider that the classification initially adopted was not relevant in the circumstances of the case. The re-classification, when it occurs in the course of the proceedings, is permitted subject to respect for the rights of defense . Furthermore, In accordance with Article 132-3 of the Criminal Code, the judgment which declared an accused guilty of the same offenses under several criminal offenses does not incur censure when a single sentence has been imposed .

The Hamon Law has considerably strengthened the repressive arsenal of offenses concerning the conformity of products and services by increasing the penalties incurred by natural persons, including in the event of aggravating circumstances.

The offenses of deception and attempted deception (Article L. 441-1, former Article L. 213-1), the offenses of falsification and offenses referred to in Article L. 413-1 (former Article L. 213-3) and L. 413-4 (former L. 217-1) of the Consumer Code and the offenses provided for in Articles L. 413-5 (former Articles L. 217-2), L. 413-8 (former Article art. L. 217-6), L. 413-9 (former Article L. 217-7) and L. 512-4 (former Article L. 217-10) of this Code, are punishable by up to three year's imprisonment and a maximum fine of EUR 300,000  (compared to only EUR 37,500 previously) under the new Articles specifically incriminating each of these offenses. Deception is covered by  Article L. 454-1 ; for falsifications, Article L. 451-1-1; for the above-mentioned offenses relating to products, respectively Articles L. 451-10, L. 451-11, L. 451-13, L. 451-14 and L. 531-1. Apart from the fact that the ceiling of the pecuniary penalty has thus been considerably increased, these two formerly alternative penalties, now apply cumulatively. Furthermore, the court may impose a fine for fraud or deception as referred to in Articles L. 454-1 to L. 454-3 , the amount of which may be increased in proportion to the benefits derived from the breach, to 10% of the average annual turnover, calculated on the last three annual turnovers known on the date of the facts (Article L. 454-4, former Article L. 213-1, in fine).

Under Article L. 451-3 (former Article L. 213-4 as amended), the holding of falsified products or products capable of carrying out the falsification is now punishable by a fine of EUR 150,000 - instead of EUR 4,500 before the Hamon Law - and up to one year's imprisonment - compared to three months previously. If the falsified or corrupted food is harmful to human or animal health, the penalty is doubled to two years' imprisonment and a fine of EUR 300,000 (Article L. 451-4). The amount of the pecuniary penalty may be increased up to 10% of the annual average turnover, in order to take account of the benefit derived from the breach found (Article L. 451-5).

Finally, the new offense of planned obsolescence (Article L. 441-2) is punishable under Article L. 454-6 (former article L. 213-4-1) by two years' imprisonment and a fine of EUR 300,000, the amount of which may be increased, in proportion to the benefits derived from the breach, to 5% of the average annual turnover.

2)  The penalties incurred in case of aggravating circumstances

Before the intervention of the Hamon Law, in the case of aggravated deception (or an attempt at this offense), the penalties were doubled to four years" imprisonment or a maximum fine of EUR 75,000, if

1) the offense had resulted in making the use of the goods dangerous to human or animal health , or if 2) the offense had been committed using i) false or inaccurate instruments, ii) certain maneuvers or procedures likely to falsify operations of analysis or dosage, weighing or measuring, or likely to fraudulently modify the composition, weight or volume of goods, even before these operations or iii) fraudulent information likely to result in belief in a previous and accurate operation . These penalties have been increased by the Hamon Law and the Consumer Code now distinguishes between two cases: the penalties incurred are seven years' imprisonment and a fine of EUR 750,000, in the event of deception that is dangerous for human and animal health, or committed by an organized gang  (Article L. 454-3, former Article L. 213-2), and five years' imprisonment and a fine of EUR 600,000 , in case of deception during the controls carried out. Article L. 454-4 (former Article L. 213-2) also provides for the possibility for the court to impose a fine of 10% of the average annual turnover.

Similarly, Article L. 451-2 (former Article L. 213-3 amended by the Law of 17 March 2014) brings the penalties for aggravated falsification to seven years' imprisonment and a fine of EUR 750,000 - compared to four years' imprisonment and a fine of EUR 75,000 previously - , if the falsified or corrupt substances is harmful to human and animal health, or if the acts have been committed by an organized gang. Article L. 451-5 also provides for the possible imposition of a fine of 10% of the annual average turnover.

Article L. 455-2 (former Article L. 213-5) of the Consumer Code lists a number of offenses deemed to constitute the same offense in order to allow the perpetrator to be regarded as a repeat offender, provided that they are committed within five years of his first final conviction. In respect of recidivism, the offenses provided for and punished, for example, by Articles L. 441-1 and L. 454-1, Articles L. 413-1 and L. 451-1 to Article L. 451-4 of this code, are regarded as the same offense.

 See. Cass. crim., 25 October 1995, LawLex200400000145JBJ, re-classification of the offense of holding corrupt foodstuffs for the offense of deception on the substantial qualities of the goods; CA Angers, 25 January 2001, LawLex200300003754JBJ, requalifying as an offense of deception a breach of the Decree of 19 August 1921 prohibiting the use of the term “domain”.

 CA Aix-en-Provence, 13 February 2008, LawLex201200001948JBJ; Cass. crim., 7 October 2008, LawLex201200001741JBJ: the re-classification is possible if the judge has not added anything to the facts before him and on which the accused has been able to give his explanations.

 Cass. crim., 19 December 2006, LawLex201200001716JBJ.

 Before the recodification of Article L. 213-1 of the Consumer Code.

Law No 2022-1158 of 16 August 2022 on urgent measures for the protection of purchasing power (OJ 189 of 17 August 2022) increased the prison term for deception or attempted deception from two to three years.

 Consumer Code, Article L. 454-2: “The violation of the prohibition provided for in Article L. 441-1 is punishable by five years' imprisonment and a fine of EUR 600,000 if the offense or attempted offense is committed: 1° Either using false or inaccurate weights or instruments; 2° Or using maneuvers or procedures likely to falsify operations of analysis or dosage, weighing or measuring, or likely to fraudulently modify the composition, weight or volume of goods, even before these operations; 3° Or using false information likely to result in belief in a previous and accurate operation”; Consumer Code, Article L. 454-3: “The prohibition provided for in Article L. 441-1 is punishable by seven years'imprisonment and a fine of EUR 750,000 if the offense or attempted offense: 1° Has resulted in the use of the goods being dangerous to human or animal health; 2° Was committed by an organized gang”.

 Cass. crim., 22 June 1994, LawLex200400001527JBJ; 10 December 1996, LawLex200300003116JBJ; CA Douai, 22 January 2004, LawLex200400001282JBJ; CA Paris, 24 September 2007, LawLex201200001960JBJ.

 Cass. crim., 25 October 1972, LawLex200600001638JBJ.

 Pursuant to Article L. 452-1 (former Article L. 213-2-1) of the Consumer Code, exporting a foodstuff that is detrimental to health or an animal feed that is dangerous, in breach of the provisions of Article 12 of Regulation No 178/2002, is punishable by the same penalties.

French Consumer Law

578. Principal penalties

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578. Principal penalties

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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