Belgium
Health Claims: the EFSA has finalized the assessment of the "general function"
claims
Isabelle Dupuis and Nicolas Carbonnelle
Health Claims have increasingly been used by the food industry, both as an
information tool for the customers and as a marketing tool intended to advertise
the specific merits and health or nutrition interests of products.
China
Draft Administrative Measures for Recall of Health Food Products under
Consultation
Ai-Leen Lim
Food safety has become one of the highest non-economic national priorities in
China. From melamine-contaminated milk to artificial eggs made of chemicals, the
issue of tainted food calls for urgent attention.
Czech Republic
Antimonopoly Office - First decision concerning abuse of dominant market power
Andrea Jarolimkova
As we communicated in Food Law
Digests in 2010, a new Act on the significant market power in the sale of
agricultural products and groceries and on its abuse ("Act") took effect in the
Czech Republic on 1 February 2010.
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Germany
Proposed hygiene barometer for German restaurants – a modern pillory?
Jarste Akkermann, Frankfurt
The food
industry is facing more and more restrictions and constraints by legislation
whether it be labelling or health claims, but now gastronomy is also confronted
with additional challenges in Germany.
European Commission adopts proposed legislation on food information to consumers
Jarste Akkermann, Frankfurt
On 06 July 2011 the European
Commission adopted a proposal on the provision of food information to consumers.
The core of the proposed revision will be that nutrition labelling becomes
mandatory. Nutrition labelling on foods is regulated by Directive 90/496/EEC and
currently, under EU legislation, nutrition labelling is optional, although it
becomes compulsory when a nutrition or health claim is made in the labelling,
presentation or advertising of a foodstuff or when vitamins or minerals are
voluntarily added to foods.
Hungary
Hungary imposes public product fee for unhealthy food and beverage products
(Chips Tax)
Andrea Simándi, Ildikó Scholz, Bálint Halász
On 11 July 2011 the Hungarian
Parliament accepted the Public Health Product Fee Act , more commonly referred
to as "chips tax". The legislation targets food and beverage products which are
considered to be unhealthy – those high in fat, sugar, salt and caffeine - in a
effort to stem consumption of these products and boost funding for public health
services. The legislation will enter into force on 1 September 2011.
New legislation on genetically modified seeds in Hungary
Andrea Simándi, Ildikó Scholz, Bálint Halász
On 14 July 2011, after discovery
of maize fields polluted with genetically modified organisms (GMOs), the
Ministry of Rural Development passed an amendment of the decree concerning
genetically modified seeds. The amendment entered into force on 15 July 2011.
The government has stated that the purpose of the amendment is to maintain the
GMO-free status of Hungary.
Hungarian Parliament establishes committee to investigate sugar industry
privatisation
Andrea Simándi, Ildikó Scholz, Bálint Halász
On 14
July 2011 the Hungarian Parliament established a committee to investigate
privatisation of the Hungarian sugar industry. The committee of 16 members, who
convene on a weekly basis, are tasked with investigating the privatisation of
twelve Hungarian sugar factories in the 1990s.
Italy
Antitrust law in the pasta sector
Licia Garotti, Linda Brugioni
A steaming dish of pasta is not
just a symbol of Italian cuisine. Pasta means a lot for the Italian economy, as
well as for Italian gourmets.
Unsurprisingly, Italy is one
of the leading producers and the main consumer of pasta worldwide (26 kg per
year for each individual – Source: UNIPI) and as a consequence, the Italian
pasta market is worth a great deal of money.
Decisions on food advertising claims
Licia Garotti, Linda Brugioni
With two
decisions issued on May 24, 2011, the Italian Competition Authority ascertained
that the use of the advertising claims "0,001 cholesterol" or "Soy 0,001%
cholesterol" on the packaging of biscuits produced by two Italian companies
constitute infringement of both Article 20 and followings of the Italian
Consumer Code on unfair commercial practices and the Regulation EC/1924/2006 on
nutrition and health claims made on foods.
The Netherlands
The proof is in the pudding
Lara van Huizen & Manon Rieger-Jansen
On July 6th the District Court of
Utrecht rendered a decision in a tasteful case regarding registered
shape marks for pudding packaging.
Poland
The Office of Competition and Consumers' Protection decides on misleading
labelling
Krzysztof Korwin-Kossakowski, Emilia Stępień
Agros Nova, one of the biggest
Polish producers of fruit preserves and ready-made food, was punished for
misleading labelling on its ready-made food sold under the brand Łowicz.
Growing use and investment in renewable energy in the food sector
Krzysztof Korwin-Kossakowski, Emilia Stępień
The Polish food and beverage sector has been increasingly investing in and using
renewable energy. Food and beverage producers are seeking ways to optimise their
waste and energy management and use new technologies to utilise waste in order
to produce energy. One of the leaders in the field is the Tychy brewery, a
member of the international SABMiller Group which has the goal of reducing CO2
emissions by 50% in the next 8 years. Currently 15% of Tychy brewery's
production is powered by heat obtained from biogas produced in its own
wastewater treatment plant.
Sweden
Competition essentially functioning well in the Swedish food market
David Nilsson, Stockholm
The Swedish
Competition Authority ("SCA") recently presented two reports on the functioning
of the food supply chain in Sweden. The reports were prepared following an
assignment from the Swedish Government to examine competition and other market
conditions in the food supply chain in Sweden. The full reports are available on
the website of the SCA (in Swedish). This article sets out the main
conclusions from the report addressing the food supply chain (the other report
being focused on public procurement in the food market).
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UK
Geographical indications of spirit drinks (joined cases of C-4/10 andC-27/10) –
the CJEU holds that Finnish trade marks must be invalidated
Mary Smillie
Cognac is a protected geographical indication of spirit drinks under Regulation
(EC) No. 110/2008 ("the Regulation"). Cognac is made in the area
around the town of Cognac in mid-west France. It is a double-distilled
spirit made according to strict regulations.
Plain packaging measures for cigarettes – a violation of the UK's obligations
under TRIPS and the Paris Convention
Katharine Stephens
The UK Government intends to
"consult on options to reduce the promotional impact of tobacco packaging,
including plain packaging" for cigarettes before the end of 2011. This
follows hot on the heels of the Australian Government's recent introduction of a
bill on plain packaging which is currently being considered by the House of
Representatives.
Events
Seminar Invitation
Food &
Beverages: recent developments in competition and regulatory law
Brussels, 29 September 2011
We'd be delighted if you could join us for
an in-depth seminar on competition and regulatory developments affecting the
sector across the EU.
The seminar will be presented by a team from
across Bird & Bird's European offices, and is designed for in-house lawyers,
sales teams, product development teams and related business professionals.
We'll ensure plenty of time for Q&A and discussion, and please do stay for our
networking get-together afterwards.
Please
click here for a detailed agenda.
To register for this event,
please click
here.
Contact us