Robert Flury of IP Law Firm first clarifies that the packaging is not a copy. The Aldi packaging is blue and rectangular, Toblerone is sold in the familiar yellow-beige, oblong boxes.

Mondelez could have more chances of success with a lawsuit regarding the name. Although the first syllable is different, the ending could be an argument for reputation exploitation, says Flury.

Swissone had already filed a lawsuit against the chocolate bar in 2020. The reason here was the “based on the shape of the Toblerone”, as lawyer Sebastian Saissi (also IP Law Firm) explains. However, the lawsuit was unsuccessful.

Note d. Editor: The lawyers argue here based on the legal situation in Switzerland. However, the Aldi product is only sold in Germany.

However, when purchasing such creams, parents can identify paraffins on the list of ingredients on the packaging or in the instructions leaflet. They are listed there as paraffinum, petrolatum, isohexadecane or cera microcristallina. This also applies to BHT – the substance can also be found in the list of ingredients for parents.

Two products in the test, including the Nivea cream, also contained zinc oxide, which also appears in the list of ingredients. What was missing, according to criticism from the ÖKO-TEST, was the addition “nano”. Since the risks of nanomaterials have not yet been clarified, according to the EU Cosmetics Regulation, this additive must be listed if more than half of the tiny particles are between 1 and 100 nanometers in size. This was the case with the analyzed products containing zinc oxide.