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 PDO and PGI

Designations of origin protected under Union law, such as "Feta", also apply to exports of products to third countries

Member states may prohibit the sale of cosmetics if they are confusingly similar to foodstuffs and thus endanger the health of consumers. This was decided by the ECJ in connection with the complaint of a Lithuanian cosmetics manufacturer, which was accused of selling bath balls in the appearance of food ("ice cream scoops"). Caution is therefore required for companies that manufacture food-like products.

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).

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".