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 novel foods

Frozen, dried and powder forms of Locusta migratoria as a novel food

On 12 November 2021, the European Commission authorised the placing on the market of frozen, dried and powder forms of Locusta migratoria (migratory locust) as a novel food.

Use of CBD in cosmetics and foods

CBD products continue to be widely available. In November 2020, the Court of Justice of the European Union ruled – for the first time – on the legality of CBD, clarifying in its judgment that CBD does not constitute a narcotic drug as defined in the United Nations Single Convention on Narcotic Drugs; this is the case irrespective of whether the CBD is produced synthetically or obtained naturally from the hemp plant – and from which parts (seeds and leaves vs. flowering and fruiting tops) (CJEU 19 November 2020, C-663/18). This ruling also has legal consequences for cosmetics and foodstuffs.

No EFSA-objections to cacao pulp

Novel foods may only be placed on the market if they are authorised by the European Commission and registered in a Union list. A special notification procedure applies to such foods that have a history of safe food use in a third country ("traditional food from a third country").

Red clover in germ flour qualifies as a novel food

Under the Novel Food Regulation (Regulation (EU) 2015/2283), "novel foods" require authorisation by the European Commission and inclusion in a Union list prior to their being placed on the market. A food is novel if – in simple terms – it falls into certain food categories and was not used for human consumption to a significant degree in the European Union prior to 15 May 1997.