Food Law Corner

The CERHA HEMPEL Food Law Corner provides an insight into current legal developments and the latest case-law in the food and beverage industry. Our attorneys regularly advise clients on the regulatory requirements in connection with food information, health and nutrition claims, advertising & marketing, novel foods, the introduction of food supplements on the market and much more. We represent our clients in administrative proceedings, cases under the Unfair Competition Act, and trademark protection including PDO and PGI.

Posts tagged with indication of origin

The name "Champanillo" for a tapas bar is an undue evocation of the protected designation of origin (PDO) "Champagne"

The Comité Interprofessionnel du Vin de Champagne (CIVC), an association representing the interests of champagne producers, sought an injunction in Spain requiring a chain of tapas bars to cease use of the name "CHAMPANILLO" on the grounds that it unlawfully evokes "Champagne", which is a protected designation of origin (PDO).

Strict conditions for national measures imposing certain additional particulars regarding origin or provenance

Harmonised European Union legislation that imposes an obligation to indicate the country of origin or place of provenance of foods does not preclude Member States from adopting additional national legislation providing for additional mandatory particulars regarding the origin or provenance. However, certain conditions must be met. In particular, there must be an objectively proven link between certain qualities of the food and its origin or provenance.

German balsamic vinegar – The protected geographical indication (PGI) Protection is granted to the term "Aceto Balsamico di Modena" as a whole

The name "Aceto Balsamico di Modena" (balsamic vineagar from Modena, Italy) has been registered as a protected geographical indication (PGI) since 2009. Already at that time, Germany submitted an (unsuccessful) objection to its registration because it was concerned that it would adversely affect pre-existing products marketed under the designations "Balsamessig/Aceto balsamico".

DAC Regulation "Carnuntum"

The Law on Wine (Weingesetz) provides various designations depending on the origin of the grapes. "Regional wines" must originate from a single wine-growing region (Weinland, Bergland, Steierland), whereas "quality wines" need to be grown in one of 17 wine-growing areas.