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.

október 2022

Are bath balls allowed to be sold in an ice cream cone?

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.