The Dutch Advertising Code Commission (in Dutch; Reclame Code Commissie) found the indication “vanilla” on front of pack to be misleading considering the product at stake does not contain natural vanilla.
According to a recent ruling by the Court of Justice of the EU, the exception for trademarks laid down in Article 28(2) of the Claims Regulation also applies to product marketed as a medicinal product before 2005 and subsequently marketed as a foodstuff, provided that they had the same physical characteristics and bore the same trade mark or brand name.
In a recent case, the Court of Justice of the EU ruled that each of the individual portions of a food packed in cartons (multipack) constituted a ‘pre-packaged foodstuff’, and therefore, needed to be labelled individually with all the compulsory mandatory information. Including that information on the outer carton packaging was not sufficient to comply with EU labeling rules.
The Spanish self-regulatory agency for advertising Autocontrol issued a very questionable interpretation of the nutrition claim "no added sugars". Fortunately, it makes for a nice regulatory analysis.
In its first judgment on Regulation 1924/2006 on nutrition and health claims made on foods, the Court of Justice of the EU adopted a broad interpretation of the definition of “health claim” by ruling that claims for merely temporary or fleeting effects of a food on human health, such as in the claim "easily digestible", are indeed health claims (Case C-544/10 Deutsches Weintor).
The decision of the European Commission to adopt a partial list of health claims and allow more than 2,000 botanical claims to continue to be used until EFSA completes their evaluation did not infringe EU law, according to a recent ruling of the General Court (the previous Court of First Instance of the EU).
Food manufactures often use expressions such as "Chocolate/Vanilla flavor" or pictures of fruits and other ingredients to depict the product's flavor on the label. However, a recent ruling by the Court of Justice of the EU has confirmed that those depictions may be misleading, even when accompanied with a correct and complete list of ingredients