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 misleading commercial practice

Supposed competitor is not a “Käpt‘n Iglo“ lookalike

Following a legal dispute that lasted many years between fish finger manufacturer Iglo and its competitor Appel Feinkost, Iglo has suffered yet another setback.

"OVERPRICED" – Blatant advertising

In proceedings involving two supermarket chains brought under the Unfair Competition Act for alleged unfair commercial practices, the Supreme Court ruled that the slogan "HOFER PREIS, ALLES ANDERE IST OVERPRICED" (Hofer price – Everything else is overpriced) constitutes blatant advertising – a promotional statement without any credibility or validity.

Self-evidently misleading trade name "baby water"

Bottled "natural mineral water sourced from the ***-rock spring", marketed under the trade name "Babywasser" (Baby water), may not be described by the terms "high quality water" and "boiling not required" as this is self-evidently misleading.

Misleading claim as to the effect of a product improving cardiac output

"Coenzyme Q10 Capsules", "L-Carnitine Tartrate (Lonza)" and "L-Carnosine Capsules", all three of which are designated as food supplements, shall not be attributed and advertised with the disease-related claim that the product in question or its contents may boost cardiac output from 8 % to 33 %.

Deceptive packaging: Cake packaging – with 40% to 50% less content than its appearance would suggest – is deemed to be deception if the oversized packaging is avoidable

The case focussed on the issue of the non-transparent outer packaging used for a chocolate cake. The packaging contained five pieces of cake, each individually wrapped in silver foil. Warm air becomes trapped within the packaging of the individual pieces of cake when they are sealed inside. This explains why they have a greater volume (approximately 10%) immediately after being sealed. "Removing the air" from the individual packages, which would result in there being enough space for a total of six pieces of cake, is not possible using packaging equipment manufactured from the 1990s. This would be possible if newer machines were used. The actual total weight of the packaged contents, amounting to 150g, was stated on one of the narrow sides of the outer packaging.