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© Martin Kieffer - Attorney
Kieffer Legal Services
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Fax: +49 228 18060952

Teekanne: The German Federal Court ruled in line with the European Court of Justice

2015-12-03 10:13

In its ruling of 2 December 2015  the German Federal Court  held that the labelling of the fruit tea in question is misleading by giving the impression that particular ingredients (rasperries and vanilla) are present, even though they are not in fact present. The German Federal Court herewith confirmed the ruling of the European Court of Justice (Case C-195/14).

The package displayed images of raspberries and vanilla flowers and the tea was promised to contain "only natural ingredients" and "natural flavorings – raspberry-vanilla taste", but the tea did not actually contain any ingredients obtained from raspberries or vanilla, and the latter was apparent only from the list of ingredients.

The European Court of Justice held that even though consumers who are interested in the exact composition of a product will read the list of ingredients, the existence of such a list may not be sufficient to correct the erroneous or misleading impression if some of the items on the packaging are misleading, erroneous, ambiguous, contradictory or incomprehensible.

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New Novel Food Regulation was agreed on 16 November 2015.

2015-12-02 11:45

The new Novel Food Regulation that has been agreed on 16 November 2015 aims to improve conditions so that businesses can more easily bring new and innovative food to the EU market, while still maintaining a high level of food safety for European consumers. The aim of the new Regulation is to make the authorization procedure for novel food simpler, faster and more efficient, so that innovative food which is safe to consume can be put on the market faster.

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