Tag: Food Information Regulation

Preliminary ruling of the CJEU on the nutrition declaration required under the Food Information Regulation

The Food Information Regulation ("FIR") establishes the rules for the (basic) labelling of food in the European Union. A nutrition declaration, among other things, is mandatory.

Important ruling by Administrative Court – retailer responsibility under food labelling law

The question of who bears responsibility for ensuring that food is labelled in compliance with the law is an issue of practical importance: Is it the manufacturer or the retailer?

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.

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.

Several food products, one administrative fine

In general, the "cumulation principle" applies with respect to administrative criminal law. If several administrative offences are committed, each individual violation is fined without there being an aggregated penalty.

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 %.

Retailer responsibility for non-compliance with food information rules?

In practice, the question often arises whether a retailer is responsible for infringements relating to the labelling of branded goods. Article 8 of the Food Information Regulation (Regulation (EU) No 1169/2011, "FIR") provides an answer to this question.