Kieffer Legal Services:
Law firm specialized in food law
We advise and represent the food industry, suppliers and distributors in matters of food law and all other legal issues related to the production and marketing of foods and beverages. Our key areas of work are:
- Food and feed law
- Unfair competition law
- Intellectual property law (e.g. trademark law)
- Agricultural law
- Excise duties
- Association law
Due to our long-standing experience, our work is characterized by legal and market expertise, speed, pragmatism and sense of proportion. We offer legal advice in all shapes and sizes, represent interests to local institutions and governmental institutions as well as and in courts and we take over legal functions being outsourced. Our utmost priority is to develop holistic advice and tailored made solutions to meet the needs of our clients.
On 14 June 2017 the European Court of Justice ruled that plant-based products cannot be marketed with diary names such as cheese, butter, cream or jogurt, because these denominations are only protected for animal products pursuant to Regulation 1308/2008.
The Court concluded that designations sich as Tofu butter’, ‘Plant cheese’, ‘Veggie Cheese", etc. cannot be legally used to designate a purely plant-based product unless that product is mentioned on the list of exceptions, which is not the case for soya and tofu (Judgment in Case C-422/16).
With its request for a preliminary ruling, the German Bundesgerichtshof (Federal Court of Justice) submitted a request to the European Court of Justice regarding the interpretation of Regulation No 834/2007, which, in Article 27, obliges Member States to set up a system of controls and, in Article 28(2), allows them to exempt certain types of retailers from that control system. The question that the referring court asks, in essence, is whether online retailers can also benefit from such an exemption.
On 8 June 2017 the Advocate General of the European delivered its opinion to the court.
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The WHO intoduced a tool that seeks to quantify the extent and nature of children’s exposure to marketing for HFSS foods (high in saturated fat, salt and/or free sugars) via television and the Internet.
The protocol, and accompanying coding forms, sets out a system by which Member States can catalogue marketing via either or both of these avenues, and includes both minimal and expanded versions to allow for different levels of complexity of data collection, depending on a country’s needs and the research capabilities of the team doing the work. Using this method will provide data on both exposure and power of marketing to children.