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© Martin Kieffer - Attorney
Kieffer Legal Services
Law Firm
Rochusstraße 217, 53123 Bonn
NRW / Germany

Tel.: +49 228 18060951
Fax: +49 228 18060952

March 2016

European General Court has upheld bans on glucose health claims

The European General Court decided on health claims such as "glucose contributes to normal energy-yielding metabolism" or "glucose contributes to normal muscle function". Although the claims werde deemed scientifically sound by the European Food Safety Authority (EFSA) the European Commission banned the claims after controversial discussions among EU member states. The European General Court has upheld the ban and argued similar to the European Commission. The Court was of the opinion that according to generally accepted principles of nutrition and health the average consumer must reduce its consumption of sugar. The court argued that health claims  highlighting only the benefical effects of glucose are ambiguous and misleading.

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Does the Health Claims Regulation apply to B2B?

On 18 Febrauary 2016 the advocate general of the European Court of Justice recommended that article 1(2) of Re. 1924/2006 be interpreted to nutrition and health claims on foods intended to be delivered as such to the final consumer , which are made in commerecial communications, when they are intended exclusively for professional but with the goal to reach consumers indirectly through them.

The decision of the ECJ  is still outstandig. However, the conclusions of the advocate general are likely to form the basis of the judge`s ruling, which will be expected in the following months.

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Kieffer Legal Services assists the 100 Canteen Program of North Rhine-Westphalia

Kieffer Legal Services gave three presentations that set the legal framework of the 100 Canteen Program of North Rhine-Westphalia. The project aims to increase the access to local food in canteens of North Rhine Westphalia. It provides a platform connecting suppliers of local food and buyers and contains a policy framework dedicated to enyoing more local food in canteens.

The presentation can be viewed by clicking the following link:

https://www.100-kantinen.nrw.de/fileadmin/Pr%C3%A4sentationen_Workshops/Martin_Kieffer.pdf

 

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