2020

Strict conditions for national measures imposing certain additional particulars regarding origin or provenance

·Food Information Regulationindication of originprovision of food information to consumers· 0 Comments

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.

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Self-evidently misleading trade name "baby water"

·misleading commercial practiceAustrian Food Codeproduct labellingFood Information Regulation· 0 Comments

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.

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Several food products, one administrative fine

·administrative fineFood Information RegulationNutrition declaration· 0 Comments

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.

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

·Food supplementsmisleading commercial practiceunfair competitionFood Information Regulation· 0 Comments

"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 %.

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Retailer responsibility for non-compliance with food information rules?

·retailer responsibilityFood Information Regulationadministrative fine· 0 Comments

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.

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Different batches, no application of the "ne bis in idem" principle

·administrative fineplacing on the market· 0 Comments

Clients often enquire whether an administrative penalty can be imposed once only or per product in connection with the placing on the market of products. Answering this question (which is rarely relevant in practice) is difficult and depends on the circumstances.

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Trademark contrary to public policy: No trademark protection for "Cannabis"-signs at EU level

·trademark law· 0 Comments

Under EU law, inter alia, the following signs are not to be registered as trade marks: "Trade marks which are contrary to public policy or to accepted principles of morality" (Article 7(1)(f) of Council Regulation (EC) No 207/2009). On this basis, registration of the device trademark "CANNABIS STORE AMSTERDAM" as an EU trademark was recently refused.

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