case law

NUTRISCORE HITS HURDLE IN GERMAN COURT

NUTRISCORE HITS HURDLE IN GERMAN COURT

The health logo, more commonly known as Nutriscore, developped by the French authorities to provide a ranking to foods in terms of their relative nutritional quality has been restricted by the  district court of Hamburg in Germany.

TRADEMARK EXCEPTION IN CLAIMS REGULATION INTERPRETED BROADLY

TRADEMARK EXCEPTION IN CLAIMS REGULATION INTERPRETED BROADLY

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.

EU COURT COMPLICATES LABELING OF MULTIPACKS

EU COURT COMPLICATES LABELING OF MULTIPACKS

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.

‘HEALTH CLAIM’ DEFINITION TO BE INTERPRETED WIDELY, EU COURT RULES

‘HEALTH CLAIM’ DEFINITION TO BE INTERPRETED WIDELY, EU COURT RULES

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).

BOTANICAL CLAIMS STATUS UPHELD, EU COURT RULES / JULY 3, 2015

BOTANICAL CLAIMS STATUS UPHELD, EU COURT RULES / JULY 3, 2015

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).

IS MY LABEL COMPLIANT? - PICTURES, NAMES OF INGREDIENTS TO DEPICT FLAVORS MAY BE MISLEADING, EU COURT RULES / JUNE 9, 2015

IS MY LABEL COMPLIANT? - PICTURES, NAMES OF INGREDIENTS TO DEPICT FLAVORS MAY BE MISLEADING, EU COURT RULES / JUNE 9, 2015

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